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140 Fla. 447

192 So 180

Denson v. State

Supreme Court of Florida

Decided November 7, 1939

Supreme Court of Florida · decided 1939-11-07

Relies on State ex rel. Hampton v. McClung

Decided 1939-11-07

Per Curiam. —

¶1 In this cause Mr. Chief Justice Terrell and Mr. Justice Brown and Mr. Justice Buford are of the opinion that the judgment of the circuit court should be *448 reversed while Mr. Justice Whitfield and Mr. Justice Chapman and Mr. Justice Thomas are of the opinion that the. judgment should be affirmed. 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 said judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the decree should be affirmed; therefore it is considered, ordered and adjudged under the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. R. 51, that the judgment of the circuit court in this cause be, and the same is hereby, affirmed..

¶2 Affirmed.

Terrell, C. J., Whitfield, Brown, Buford, Cpiapman and Ti-iomas, J. J., concur.
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