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STATE v. SIMPSON

Nos. 48426, 48595 and 48596.

347 So.2d 414 (1977)

STATE of Florida, Appellant, v. Jimmie L. SIMPSON, Appellee. STATE of Florida, Appellant, v. Melvin BENJAMIN, Appellee. STATE of Florida, Appellant, v. Joel R. HANUKAH, Appellee.

Supreme Court of Florida.

June 2, 1977.

Attorney(s) appearing for the Case

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

Philip J. Padovano of Ruiz, Padovano & Schrader, St. Petersburg, for appellees.

OVERTON, Chief Justice.

We review these consolidated cases on direct appeal from the Pinellas County Court. In each case the trial court dismissed informations filed against defendants, declaring Florida's statute on unlawful assembly, Section 870.02, to be unconstitutional because it abridged defendants' First Amendment right to freedom of assembly. We have jurisdiction.1

Section 870...

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