ADKINS, Justice. By petition for certiorari, we have for review a decision of the District Court of Appeal, Fourth District (Smith v. State, 233 So.2d 870) which allegedly conflicts with a prior decision of this Court (Goswick v. State, 143 So.2d 817) on the same point of law. Fla. Const. art. V, ยง 4, F.S.A. An information was filed in the Court of Record of Broward County, Florida, charging that the defendant, Charles Kenneth Smith, et al., on a certain date,