State v. Smith

240 So.2d 807 (1970)

STATE of Florida, Petitioner,

v.

Charles Kenneth SMITH, Respondent.

No. 39701.

Supreme Court of Florida.

October 28, 1970.

Earl Faircloth, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for petitioner.

Edward M. Kay, Davie, of Varon and Stahl, Hollywood, for respondent.

ADKINS, Justice.

By petition for certiorari, we have for review a decision of the District Court of Appeal, Fourth District (Smith v. State, 233 So.2d 870) which allegedly conflicts with a prior decision of this Court (Goswick v. State, 143 So.2d 817) on the same point of law. Fla. Const. art. V, § 4, F.S.A.

A…