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EDWARDS v. STATE

No. 74-440.

302 So.2d 479 (1974)

Elmer Clayton EDWARDS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 1974.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Roy S. Wood, Jr., Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

The information charged the defendant with assault to commit murder in the first degree. The Defendant pleaded not guilty, and after trial by jury, he was found to be guilty of assault with intent to commit murder in the third degree, convicted and sentenced to five years in the state penitentiary. He now appeals the conviction and sentence.

The thrust of the appeal is that it was error for the court to enter judgment of conviction because the...

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