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143 Fla. 354

196 So 687

Brooks Alias Anderson v. State

Supreme Court of Florida

Decided June 11, 1940

Supreme Court of Florida · decided 1940-06-11

Relies on State ex rel. Hampton v. McClung

Decided 1940-06-11

Per Curiam.

¶1 In this cause Mr. Chief Justice Terrell, Mr. Justice Buford, and Mr- Justice Brown are of the opinion that the decree in this cause should be reversed, while Mr. Justice Wi-iitfield, Mr. Justice Ci-iapman, and Mr. Justice Thomas are of the opinion that the said decree should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full con *355 sultation it appears that the members of the Court are permanently and equally divided in opinion as to whether the decree 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. 51, that the decree of the circuit court in this cause be and the same is hereby affirmed.

¶2 Affirmed.

Terrell, C. J., Wi-iitfield, Brown, Buford, Chapman and Ti-iomas, J. J., concur.
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