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SMITH v. STATE

No. 86-3159.

539 So.2d 514 (1989)

Roland SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 24, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals from his conviction for second-degree murder. We agree with one of his contentions on appeal and reverse and remand for a new trial.

We discuss his following contentions: (1) those concerning various aspects of the testimony of the only surviving witness to the crime other than defendant; (2) that concerning questions to and answers from prosecution witnesses about what defendant did not say upon his arrest; (3) that

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