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HUTCHIN v. STATE

No. 44319.

290 So.2d 35 (1974)

Clarence T. HUTCHIN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

February 13, 1974.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, and James O. Brecher, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., for appellee.

PER CURIAM:

This is an appeal from the Circuit Court of Duval County, Florida, transferred by the First District Court of Appeal. The Circuit Court upheld in this case the constitutionality of Section 870.01(2), Florida Statutes, F.S.A., which provides:

"(2) All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree... ."

The Appellant, Clarence Tyron Hutchin, was informed against by the State...

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