Gilbert v. State

ADKINS, Acting Chief Justice.

By petition for certiorari, we have for review a decision of the District Court of Appeal, Third District (Gilbert v. State, 329 So.2d 339) which allegedly conflicts with a decision of this Court (State v. White, 324 So.2d 630) on the same point of law. Article V, Section 3(b)(3), Florida Constitution.

Petitioner was found guilty of aggravated assault. Upon appeal, his conviction was affirmed on the authority of Battle v. State, 292 So.2d 594 (Fla. 2d DCA 1974); Nelson v. State, 157 So.2d 96 (Fla. 3d DCA 1963); and McCullers v. State, 206 So.2d 30 (Fla. 4th DCA…