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WHILDEN v. STATE

No. T-114.

301 So.2d 35 (1974)

Francis James WHILDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 3, 1974.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, James O. Brecher and Ronald B. Cosgrove, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

SPECTOR, Acting Chief Judge.

Appellant was caught by the police while hiding behind a tire rack inside a BP Service Station after hours. The station's cash register was open; appellant's pockets were filled with change; and the station owner's gun was beside him. Appellant was consequently arrested and charged with breaking and entering with intent to commit a felony.

Appellant went to trial and the jury returned...

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