WILLIAM HENRY REMBERT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIAM HENRY REMBERT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
212 So. 2d 801
Florida District Court of Appeal, Third District (1968)
Positive Treatment
Cited by 4 cases
Opinion of the Court
This is an appeal by the defendant below from a judgment of conviction and sentence based upon a jury verdict of guilty of second degree murder. No reversible error has been made to appear, and we affirm. The trial court did not err in denying the defendant’s motions for mistrial and directed verdict. See Collins v. State, Fla. 1965, 180 So.2d 340; Mixon v. State, Fla.1952, 59 So.2d 38; Washington v. State (1923), 86 Fla. 533, 98 So. 605; Darty v. State, Fla.App.1964, 161 So.2d 864.
Affirmed.
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Citator
Cited By
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LEE v. State, 854 So. 2d 709 (Fla. 2d DCA 2003)…had before it the written instructions and there were no objections to the instructions, we decline to consider this issue for the first time on appeal. See Fla. R.Crim. P. 3.390(d); Ashley v. State, 265 So. 2d 685, 694 (Fla.1972); Turner v. State, 212 So. 2d 801, 803-04 (Fla. 2d DCA 1968).…
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Smith v. State, 233 So. 2d 870 (Fla. 4th DCA 1970)…tance, a comment on failure to testify may no longer be considered by an appellate court if no objection is made,3 even though a comment on failure to testify is a violation of constitutional rights.4 To like effect is Turner v. State, Fla.App.1968, 212 So. 2d 801. With this in mind, I am not persuaded that the circuit court, acting in its appellate capacity, departed from the essential requirements of law.5 I would, therefore, deny certiorari. . Section 918.10(4), F.S.1967, F.S.A.: “No party may assign as…
Authorities Cited
- Washington v. State, 86 Fla. 533 (Fla. 1923)
- Reed v. Mendel Cromer, 86 Fla. 575 (Fla. 1923)
- Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964)
- Collins v. State, 180 So. 2d 340 (Fla. 1965)
- Mixon v. State, 59 So. 2d 38 (Fla. 1952)