H. B. Franklin D/B/A H. B. Franklin v. Freddie L. Brown

The District Court of Appeal, Third District, affirmed a judgment of the trial court based on a jury verdict convicting petitioner Palmieri of robbery. The cause was certified to this court under Article V, Section 4(2), of the Constitution of Florida, F.S.A., in that the decision passed upon a question of great public interest because "it concerns a determination of when the denial of a preliminary hearing in violation of § 901.23, Florida Statutes [F.S.A.], is prejudicial to a defendant." On application of the petitioner a writ of certiorari was issued.