ROBERT LEE MCCREA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT LEE MCCREA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
210 So. 2d 724
Florida District Court of Appeal, Third District (1968)
Positive Treatment
Cited by 4 cases
Opinion of the Court
The principal point on this appeal is that the trial judge committed error during the progress of the trial by making comments, in the presence of the jury, in regard to one of the co-defendants. No objection to the remarks of the trial judge, nor motion to strike same from the record, motion for mistrial or motion for instruction to the jury to disregard the remarks were made in the trial court.
Therefore, we find these remarks not subject for review in this forum. See: Surrency v. State, 48 Fla. 59, 37 So. 575; Maloy v. State, 52 Fla. 101, 41 So. 791; Hysler v. State, 85 Fla. 153, 95 So. 573.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. State, 396 So. 2d 271 (Fla. 3d DCA 1981)…per and timely objection, motion for mistrial, or request for corrective instruction, Foreman v. State, 47 So. 2d 308 (Fla.1958); Pegues v. State, 361 So. 2d 433 (Fla.1st DCA 1978); Flynn v. State, 351 So. 2d 377 (Fla.4th DCA 1977); McCrea v. State, 210 So. 2d 724 (Fla.3d DCA 1968); see also Mack v. State, 270 So. 2d 382 (Fla.3d DCA 1972), and the comments were not so pernicious as to cause us to recognize them as fundamental error; (2) the refusal of the trial court to give a specified, requested instruction…
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McDUFFIE v. State, 343 So. 2d 95 (Fla. 3d DCA 1977)…tion for a curative instruction and did not raise this remark as one of the grounds in his motion for new trial. We, therefore, find this remark is not subject to review in this forum. See Foreman v. State, 47 So. 2d 308 (Fla.1950); McCrea v. State, 210 So. 2d 724 (Fla.3d DCA 1968). Furthermore, we are unconvinced that the remark constituted fundamental error as the error did not reach down into the legality of the trial itself to such an extent that a verdict of guilty could not have been obtained without t…
Authorities Cited
- Maloy v. State, 52 Fla. 101 (Fla. 1906)
- City of Miami v. Firth, 85 Fla. 263 (Fla. 1923)
- Hysler v. State, 85 Fla. 153 (Fla. 1923)
- Surrency v. State, 48 Fla. 59 (Fla. 1904)