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STATE v. MILLINGTON

No. 56681.

377 So.2d 685 (1979)

STATE of Florida, Appellant, v. Earl G. MILLINGTON, Appellee.

Supreme Court of Florida.

November 21, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

Charles F. Clark and Claude H. Tison, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee.

ALDERMAN, Justice.

The State of Florida appeals an order of the County Court of Hillsborough County that holds section 370.15(2)(a), Florida Statutes (1977),1 unconstitutional, thereby vesting jurisdiction in this Court.

The determinative issue is whether the State of Florida may constitutionally proscribe the possession within its boundaries of "small shrimp" removed from waters outside...

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