State v. Smith

249 So.2d 16 (1971)

STATE of Florida, Petitioner,

v.

Cecil Edward SMITH, Respondent.

No. 40329.

Supreme Court of Florida.

May 12, 1971.

Rehearing Denied June 28, 1971.

Robert L. Shevin, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.

Walter R. Talley, Public Defender and D. Turner Matthews, Asst. Public Defender, for respondent.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, reported at 239 So.2d 284. The decision sought to be reviewed conflicts with Doyle v. State,[1] giving this…