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KELLY v. STATE

No. 45674.

323 So.2d 565 (1975)

Francis KELLY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

December 10, 1975.

Attorney(s) appearing for the Case

Steadman S. Stahl, Jr., of Varon, Stahl & Kay, Hollywood, and Archie Odom, Port Charlotte, for appellant.

Robert L. Shevin, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., for appellee.

OVERTON, Justice.

This case is before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973). The appellant, Francis Kelly, was charged in a two-count information as follows:

"COUNT I FRANCIS KELLY, did then and there riot, or incite a riot, or encourage a riot. "COUNT II FRANCIS KELLY, did then and there, willfully, maliciously and intentionally injure or damage real or personal property, to-wit: An...

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