Hopper v. State

54 So.2d 165 (1951)

HOPPER

v.

STATE.

Supreme Court of Florida, en Banc.

August 10, 1951.

Rehearing Denied October 5, 1951.

Hubbard & Carr, Miami, for appellant.

Richard W. Ervin, Atty. Gen. and Murray Sams, Jr., Asst. Atty. Gen. for appellee.

CHAPMAN, Justice.

The defendant-appellant Hopper was informed against in two counts by the County Solicitor of Dade County, Florida. The Court at the trial directed a verdict of not guilty as to count one but submitted the case to the jury under count two, which was drafted under the provisions of Section 860.01, F.S.A. This count charged that Hopper, while…