STATE OF FLORIDA, APPELLANT,
v.
ALLEN SMITH, APPELLEE

Fla. 2d DCA | 1969-11-26
No. 68-433
LILES, A. C. J., and PIERCE and MANN, JJ., concur.
228 So. 2d 305 Florida District Court of Appeal, Second District (1969) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of Marks v. State Road Department, Fla.1954, 69 So.2d 771; Russ v. State, Fla.1957, 95 So.2d 594; and F.S. § 920.07(2), F.S.A. CrPR 1.600(c), 33 F.S.A.

LILES, A. C. J., and PIERCE and MANN, JJ., concur.


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  • Zebedee Johnson v. State, 249 So. 2d 470 (Fla. 3d DCA 1971)
    …in the state attorney’s office in which statements Lesane testified that the defendant did have a gun and he did see defendant fire it toward the victim. We hold that the denial of the instruction requested was error. Merrill v. State, Fla.App.1969, 228 So. 2d 305; Hernandez v. State, 156 Fla. 356, 22 So. 2d 781 (1945). Having reached the conclusion that reversible error has been demonstrated under two of the appellant’s points, we do not proceed with a discussion of the other three except to point out for t…
  • State v. Wells, 308 So. 2d 163 (Fla. 1st DCA 1974)
    …pellant’s assignments of error cannot be urged on appeal. 2 Fla.Jur., Appeals, Sec. 130; Padgett v. State, Fla. 1955, 82 So. 2d 372; Jalbert v. State, Fla. 1957, 95 So. 2d 589; Tracey v. State, Fla. 1961, 130 So. 2d 605.” See also Merrill v. State, 228 So. 2d 305 (3rd D.C.A.Fla.App. 1969) Certiorari dismissed, 239 So. 2d 825 (Fla.1970). Under the circumstances of this case, and the authorities cited, the order requiring the State to identify its informant not having been assigned as error cannot now be cons…
  • State v. Merrill, 239 So. 2d 825 (Fla. 1970)
    …Certiorari dismissed. 228 So. 2d 305. It is so ordered. ERVIN, C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.…

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