Bennett v. State

JOHNSON, Judge.

The State has filed a motion to dismiss this appeal pursuant to Rule 3.9(a), Florida Appellate Rules, 31 F.S.A., for failure of the appellant to file his brief within the period required by Florida Appellate Rule 6.11(b).

It appears from the transcript of the record filed with this court that notice' of appeal was filed by the appellant on January 7, 1966, appealing from the judgment of the court entered on December 3, 1965, hence timely, and, apparently at the same time filed his affidavit of insolvency and request to be permitted to proceed with his appeal as a pauper. Also,…