Opinion
No. 35673.
April 5, 1967. Rehearing Denied May 5, 1967.
Appeal from District Court of Appeal, Third District.
Sinclair, Barfield Louis, Miami, for appellant.
Richard E. Gerstein, State Atty., and John P. Durant, Asst. State Atty., for appellee.
Upon further consideration, we conclude this Court does not have jurisdiction of the cause. Thereupon, it is
Ordered that this appeal be, and it is hereby, dismissed.
THORNAL, C.J., and O'CONNELL, CALDWELL and ERVIN, JJ., concur.
DREW, J., dissents with Opinion.
In my view, the district court in its decision reported in 187 So.2d 390 did initially construe a controlling provision of the Constitution of this State, thereby vesting in this Court jurisdiction to entertain this appeal. I am also of the view that the district court correctly decided the issue and I would affirm its judgment.