State v. Tracey

Decision Date02 May 1958
Citation102 So.2d 386
PartiesSTATE of Florida, Appellant, v. Frank T. TRACEY, Appellee.
CourtFlorida Supreme Court

Appeal from Criminal Court of Record for Duval County, A. Lloyd layton, judge.

Richard W. Ervin, Atty. Gen., and Odis M. Henderson, Asst. Atty. Gen., for appellant.

Damon G. Yerkes, Jacksonville, for appellee.

PER CURIAM.

The judgment is affirmed on authority of Butler v. State of Michigan, 1957, 352 U.S. 380, 77 S.Ct. 524, 1 L.Ed.2d 412. The conclusion herein reached is not to be construed as reflecting adversely on the constitutionality of Section 847.01, Florida Statutes, F.S.A., as amended by Chapter 57-779 General Laws of Florida 1957 which was not here considered. See Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498.

TERRELL, C. J., and ROBERTS, DREW, THORNAL and O'CONNELL, JJ., concur.

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    • United States
    • Florida District Court of Appeals
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  • Tracey v. State, 30924
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