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106 Fla. 901

143 So 789

Smith v. State

Supreme Court of Florida

Decided October 3, 1932

Supreme Court of Florida · decided 1932-10-03

Relies on State ex rel. Hampton v. McClung

Decided 1932-10-03

Per Curiam.

¶1 In this cause Mr. Chief Justice Buford, Mr. Justice Whitfield and Mr. Justice Terrell are of opinion that the judgment herein should be affirmed, while Mr. Justice Ellis, Mr. Justice Brown and Mr. Justice Davis are of *902 opinion that the said judgment should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed; therefore it is considered, ordered and adjudged under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 27 So. R. 51, that the judgment of the Circuit Court in this cause be and the same is hereby affirmed.

¶2 Affirmed.

Buford, C.J. and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
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