LEONARD PERRY RUSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LEONARD PERRY RUSS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
92 So. 2d 811
Florida Supreme Court (1957)
Negative Treatment
Cited by 184 cases
Opinion of the Court
PER CURIAM.
We have examined and considered the record in this case in the light of briefs filed and have also, pursuant to sub-paragraph (2) of Section 924.32, Florida Statutes 1941, and F.S.A. reviewed the evidence to determine if the interest of justice requires a new trial, with the result that we find no reversible error is made to appear and the evidence does not reveal that the ends of justice require a new trial to be awarded.
Affirmed.
TERRELL, Chief Justice, and THOMAS, PIOBSON, ROBERTS, DREW, THORNAL, and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)…y as a comment on silence. State v. Hinchen, 490 So. 2d 21 (Fla.1985). Florida has long followed a per se reversal rule when a prosecutor comments on a defendant’s failure to testify. Gordon v. State, 104 So. 2d 524 (Fla.1958); Traficante v. State, 92 So. 2d 811 (Fla.1957); Way v. State, 67 So. 2d 321 (Fla.1953); Rowe v. State, 87 Fla. 17, 98 So. 613 (1924). Prior to Miranda, however, Florida followed the rule that a defendant’s silence, when faced with accusatory statements while in custody, was admissible…1 / 4
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Clark v. State, 363 So. 2d 331 (Fla. 1978)…e law as the Legislature has so clearly announced it. We are not endowed with the privilege of doing otherwise regardless of the view which we might have as individuals. Way v. State, Fla.1953, 67 So. 2d 321. Also see Trafficante v. State, Fla.1957, 92 So. 2d 811. The harmless error statute, Section 54.23, Florida Statutes, F.S.A., does not apply to this type of error.” [*337] I would quash the decision in Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976), and approve the decision in Bostic v. State, 332 So.…
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State v. Jones, 204 So. 2d 515 (Fla. 1967)…ectly or covertly a comment upon the failure of the accused to voluntarily become a witness, the law is not violated.” Respondent argues that these cases have been overruled by Way v. State, Fla.1953, 67 So. 2d 321; Trafficante v. State, Fla. 1957, 92 So. 2d 811; Gordon v. State, Fla. 1958, 104 So. 2d 524; Singleton v. State, Fla.App.1966, 183 So. 2d 245; and Flaherty v. State, Fla.App.1966, 183 So. 2d 607. In addition, the Court of Appeal cites Tolliver v. State, Fla.App.1961, 133 So. 2d 565. Upon examina…
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