ORLAN W. ROCKMAN ET AL., APPELLANTS,
v.
W. H. CARTER ET AL., APPELLEES
ORLAN W. ROCKMAN ET AL., APPELLANTS,
W. H. CARTER ET AL., APPELLEES
258 So. 2d 287
Florida District Court of Appeal, First District (1972)
Positive Treatment
Cited by 8 cases
Opinion of the Court
This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellants having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed.
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
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Lawson v. State, 304 So. 2d 522 (Fla. 3d DCA 1974)…otion for a mistrial. During the midst of a criminal trial such motions should be granted with great care and caution and only where there is an absolute legal necessity. Kelly v. State, Fla.App.1967, 202 So. 2d 901; Sweetser v. State, Fla.App.1972, 258 So. 2d 287. However, it is our conclusion that under the circumstances of this case, where the witness made reference to a guilty verdict in a conviction (albeit inadvertently) which was void, the court was correct initially when it granted the motion for a m…
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Golden v. State, 629 So. 2d 109 (Fla. 1993)…) (drowning victim had been sexually assaulted and stabbed); Rutherford v. State, 545 So. 2d 853 (Fla.) (victim drowned in bathtub, but had numerous injuries), cert. denied, 493 U.S. 945, 110 S.Ct. 353, 107 L.Ed.2d 341 (1989); and Sweetser v. State, 258 So. 2d 287 (Fla. 3d DCA) (drowning victim had been struck on the head prior to death), cert. denied, 261 So. 2d 839 (Fla.1972); see also Preston v. State, 56 So. 2d 543 (Fla.1952) [*112] (manslaughter, no testimony as to cause of death); Savage v. State, 152 F…
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Eierle v. State, 358 So. 2d 1160 (Fla. 3d DCA 1978)…and according to the medical examiner the deceased met her death by suffocation or [*1161] strangulation. This was more than sufficient evidence to establish that the deceased met her death through the criminal agency of another. Sweetser v. State, 258 So. 2d 287 (Fla.3d DCA 1972); Freeman v. State, 101 So. 2d 887 (Fla.2d DCA 1958). As to the admissibility of the medical examiner’s testimony, a review of the record shows that the witness was a qualified pathologist, that he conducted a thorough autopsy on t…
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