JOHNNY MCNEIL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-04-02
No. 67-307
Before CHARLES CARROLL, C. J., and PEARSON and HENDRY, JJ.
208 So. 2d 628 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the defendant below from a conviction and sentence for the crime of second degree murder. No reversible error has been made to appear, and we affirm. The court’s charge to the jury relating to self defense was sufficient. Disney v. State, 72 Fla. 492, 73 So. 598, 601-602. On the record the trial court was justified in concluding that the jurors had not violated his admonition given pursuant to § 918.06 Fla.Stat., F.S.A., and the trial court’s denial of the defendant’s motion for a mistrial with reference thereto was not an abuse of discretion.

Affirmed.


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Citator

Cited By

  • Lockhart v. State, 384 So. 2d 289 (Fla. 4th DCA 1980)
    …cross-examination purposes, when that memorandum or [*292] report is not used by the witness while on the witness stand. Francis v. State, 343 So. 2d 932 (Fla. 3rd DCA 1977); Marshall v. State, 321 So. 2d 114 (Fla. 1st DCA 1975); Williams v. State, 208 So. 2d 628 (Fla. 3rd DCA 1968). An entirely different result would occur, however, in those cases where the witness testifies with the aid of notes or memoranda. Allen v. State, 243 So. 2d 448 (Fla. 1st DCA 1971). Accordingly, we find no error in denying defe…
  • Francis v. State, 343 So. 2d 932 (Fla. 3d DCA 1977)
    …. We find no error in this ruling, because it was clear that the agent had refreshed his memory the night before he testified and did not have the notes in the courtroom. Therefore, no error has been made to appear in this ruling. Williams v. State, 208 So. 2d 628 (Fla.3rd D.C.A. 1968); Allen v. State, 243 So. 2d 448 (Fla.1st D.C.A. 1971); Marshall v. State, 321 So. 2d 114 (Fla.1st D.C.A. 1975). Secondly, it is urged that the trial judge erred in limiting cross-examination. The record does not clearly show th…
  • Lewis v. State, 233 So. 2d 163 (Fla. 4th DCA 1970)
    …PER CURIAM. Affirmed on the authority of Williams v. State, Fla.App. 1968, 208 So. 2d 628; Kimbrough v. State, Fla.App.1969, 219 So. 2d 122; and Brown v. State, Fla.1968, 206 So. 2d 377. WALDEN, REED, and OWEN, JJ., concur.…

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