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MOBLEY v. STATE

No. 76-704.

347 So.2d 711 (1977)

William Allan MOBLEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 27, 1977.

Attorney(s) appearing for the Case

Richard G. Taylor, Richard M. Gale, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before HAVERFIELD and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This is an appeal by William Allan Mobley from an adjudication of guilty of perjury in an official proceeding under Section 837.02, Florida Statutes (1975)1.

Mobley basically contends that the prosecution failed to prove an essential element of the perjury charge, to wit: that his alleged testimony was made under oath. See Hirsch v. State, 279 So.2d 866 (Fla. 1966).

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