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STATE v. SMITH

No. 76-104.

333 So.2d 514 (1976)

STATE of Florida, Appellant, v. Artis Leo SMITH, Appellee.

District Court of Appeal of Florida, Second District.

June 16, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

Gary A. Kahle, of Olmsted, Schwarz & Kahle, Port Charlotte, for appellee.

McNULTY, Chief Judge.

The state appeals the dismissal of Count I of an information which charges appellee with bribing or attempting to bribe certain police officers to refrain from arresting him for unlawful gambling activities not yet then committed but intended in futuro. The order of dismissal was expressly predicated on Nell v. State.1 We do not agree that Nell controls the factual situation in the case at bar...

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