FILER v. STATE

No. 72-615.

285 So.2d 669 (1973)

Joseph FILER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1973.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and W. Daniel Kearney, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Judge.

Appellant Joseph Filer and one Robert Leonard were charged by information with conspiring together to commit a felony, to-wit: the sale of heroin. No one else was named in the information as a co-conspirator, nor was it averred that appellant conspired with any unknown persons.

After the State had concluded its case, Leonard's motion for directed verdict of acquittal was granted. The lower court denied appellant's motion for directed verdict...

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