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STATE v. CLARK

No. 74-94.

301 So.2d 492 (1974)

STATE of Florida, Appellant, v. Mary F. CLARK, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 6, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

James A. Gardner, Public Defender, Sarasota, and Robert T. Benton, II, Asst. Public Defender, Bradenton, for appellee.

PER CURIAM.

The State appeals an order dismissing an information which charges the giving of contradictory statements under oath in violation of Section 837.021, F.S.A. In addition to its argument on the merits, the State urges that the order cannot stand because the two statements which are alleged to be contradictory were never made a part of the record. These documents were not attached to the motion to dismiss, nor did the motion include a sworn statement of the...

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