Supreme Court of Florida December 10, 1975, No. 45674 (Kelly v. State)

Also known as

United States · · · 10-12-1975

OVERTON, Justice.

This case is before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973). The appellant, Francis Kelly, was charged in a two-count information as follows:

“COUNT I FRANCIS KELLY, did then and there riot, or incite a riot, or encourage a riot.

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