STATE v. NIXON

No. 73-1223.

295 So.2d 121 (1974)

The STATE of Florida, Appellant, v. Edward Robinson NIXON, Appellee.

District Court of Appeal of Florida, Third District.

May 28, 1974.


Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and John Lipinski, Asst. State's Atty., for appellant.

Phillip A. Hubbart, Public Defender, and Linnea Snyder, Asst. Public Defender, for appellee.

Before PEARSON, CARROLL and HAVERFIELD, JJ.


PER CURIAM.

This appeal is by the state from an order dismissing an information which charged the appellee with aggravated assault, in violation of § 784.04 Fla. Stat., F.S.A.1

The information alleged "that Edward Robinson Nixon on the 28th day of July 1973, in the County and State aforesaid [Dade County, Florida], did unlawfully and feloneously, without intent to kill, make an assault in and upon one David White, with a certain...

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