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Bailey v. StateBailey v. State

District Court of Appeal of Florida
Apr 8, 1965
No. F-393
Versions:173 So. 2d 708
1965 Fla. App. LEXIS 4476
PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

While the appellant in his brief makes certain statements of fact which might, had they been properly alleged in a pleading and established in the record, have raised a justiciable issue, such facts are not so alleged or proved. Hence, since a brief is in no legal sense a pleading, it would be highly improper for us to consider such an issue based solely upon statements and arguments contained in the brief.

WIGGINTON, Acting Chief Judge, CARROLL, DONALD K., and RAWLS, JJ., concur.

Case Details

Case Name: Bailey v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 8, 1965
Citations: 173 So. 2d 708; 1965 Fla. App. LEXIS 4476; No. F-393
Docket Number: No. F-393
Court Abbreviation: Fla. Dist. Ct. App.
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