STATE v. BEASLEY

No. 44929.

317 So.2d 750 (1975)

STATE of Florida, Appellant, v. Robert Louis BEASLEY, Appellee.

Supreme Court of Florida.

Rehearing Denied October 3, 1975.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellant.

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


OVERTON, Justice.

The constitutionality of this state's riot statute, Section 870.01(2), Florida Statutes (1973), is the issue in this cause. The appellee was charged by information with the offense of riot in that he, on February 14, 1973, "did incite or encourage a riot, in violation of 870.01(2), Florida Statutes." No further specifics were set forth in the information.

The appellee-defendant filed a motion to dismiss the information. The trial judge, in...

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