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GILFORD v. STATE

No. 44535.

313 So.2d 729 (1975)

Benjamin F. GILFORD and Alan E. Schaffer, Petitioners, v. STATE of Florida, Respondent.

Supreme Court of Florida.

April 9, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and E. Earl Taylor, Jr., Asst. Public Defender, for petitioners.

Robert L. Shevin, Atty. Gen., and Richard C. Booth, Asst. Atty. Gen., for respondent.

DEKLE, Justice.

The erudite opinion of now Chief Justice Adkins in State v. Anderson, 270 So.2d 353 (Fla. 1972), ably amplified Brown1 and correctly placed a matter of the kind here involved in Brown's "category (4)" offenses "which may or may not be included in the offense charged, depending upon, (a) the accusatory pleading, and (b) the evidence at the trial...

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