THOMAS EDWARD CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1973-09-04
No. T-53
RAWLS, C. J., and CARROLL, DONALD K. and JOHNSON, JJ., concur.
281 So. 2d 915 Florida District Court of Appeal, First District (1973) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to dem*916onstrate reversible error, the judgment of the lower court is affirmed. See McVeigh v. State, 73 So.2d 694 (Fla.1954), App. dismd. 348 U.S. 885, 75 S.Ct. 210, 99 L.Ed. 696.

RAWLS, C. J., and CARROLL, DONALD K. and JOHNSON, JJ., concur.


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  • O'Bryan v. State, 300 So. 2d 323 (Fla. 1st DCA 1974)
    …must go to the merits of the case, must not be cumulative and must be such as would produce a different verdict. See McVeigh v. State, Fla., 73 So. 2d 694, appeal dismissed 348 U.S. 885, 75 S.Ct. 210, 99 L.Ed. 696; and Clark v. State, Fla.App. 1st, 281 So. 2d 915. We do not consider there was lack of due diligence by defense counsel in failing to discover the evidence that appellant’s blood was type “O” rather than type “A”. A blood sample had been taken from appellant by order of the court on the state’s m…

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