DONALD C. MACCOURT AND RONALD L. MACCOURT, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Based upon our consideration of the briefs and oral argument and from a review of the record of the proceedings below we are of the opinion that the defendants have failed to demonstrate reversible error. With particular regard to the variance between the information, the bill of particulars and the proof adduced at trial we are of the view that no prejudice was shown by the defendants to have resulted from, such variance. Barber v. State, Fla.App.1971, 243 So. 2d 2; Fitzgerald v. State, Fla.App.1969, 227 So. 2d 45; Hunter v. State, Fla.App.1967, 200 So. 2d 577; Hale v. State, Fla.App.1973, 273 So. 2d 145; cf. Crowell v. State, Fla.App.1970, 238 So. 2d 690.
Our determination that no reversible error has been shown should not be construed as condoning the practice of a member of the prosecutor’s staff testifying as “an expert witness” on behalf of the state. Cf. People v. Mann, 27 Ill.2d 135, 188 N.E. 2d 665 (1963). Although the assistant state attorney who was called to testify in the trial below was not involved in the prosecution of the case we find this practice to be highly undesirable. Further repetition will not be countenanced.
Affirmed.
MAGER and DOWNEY, JJ., concur. WALDEN, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hoffman v. State, 397 So. 2d 288 (Fla. 1981)…he date alleged in a statement of particulars. The district court, on the other hand, has found such variance or amendment acceptable so long as it causes no prejudice to the defendant. Hoffman v. [*290] State; . Holland v. State; MacCourt v. State, 296 So. 2d 89 (Fla. 4th DCA), cert. denied, 307 So. 2d 449 (Fla.1974); Howlett v. State. See also Hale v. State, 273 So. 2d 145 (Fla. 3d DCA), cert. denied, 277 So. 2d 285 (Fla.1973) (particulars amended to show different location); Barber v. State, 243 So. 2d 2…
Authorities Cited
- Fitzgerald v. State, 227 So. 2d 45 (Fla. 3d DCA 1969)
- Hunter v. State, 200 So. 2d 577 (Fla. 3d DCA 1967)
- Crowell v. State, 238 So. 2d 690 (Fla. 3d DCA 1970)
- Barber v. State, 243 So. 2d 2 (Fla. 2d DCA 1971)
- Hale v. State, 273 So. 2d 145 (Fla. 3d DCA 1973)