Legal Opinion

Holmes v. State

District Court of Appeal of Florida

Decided July 23, 1980No. 79-964/T4-529Published

1Opinion

ON MOTION FOR REHEARING AND SUGGESTION FOR CERTIFICATION OF QUESTION

DAUKSCH, Chief Judge.

The motion for rehearing is granted and the suggestion that the principal question involved in the appeal be certified as one of great public importance is denied. The rehearing is granted so that this court can express its opinion that it is unnecessary for the state to prove that a short-barreled shotgun found in the possession of a defendant on trial for violation of section 790.221(1), Florida Statutes, was not an antique firearm. It is the holding of this court that the exception in that statute is a…

2Cases cited4 opinions

  1. State v. KahlerSupreme Court of Florida · 1970
  2. Benitez v. StateDistrict Court of Appeal of Florida · 1965
  3. Hernandez v. StateDistrict Court of Appeal of Florida · 1974
  4. Thompson v. StateDistrict Court of Appeal of Florida · 1979

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