Webster v. State

ERVIN, Chief Justice.

We have for review an order of the District Court of Appeal, Fourth District, granting a motion to compel Petitioner to elect which of two judgments he desired to appeal to that court. The facts underlying the present controversy appear as follows:

Petitioner was charged with two counts under one information, both counts relating to the same statute, F.S. Section 398.03, F.S.A. Count One charged Petitioner with the “unlawful possession of a narcotic drug; to-wit, Demerol.” Count Two charged Petitioner with the “unlawful sale of a narcotic drug; to-wit, Demerol.”

After a…