HAMILTON v. STATE


88 So.2d 606 (1956)

LIONEL S. HAMILTON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

Supreme Court of Florida, Special Division B.

Rehearing Denied July 16, 1956.


Attorney(s) appearing for the Case

Joseph L. Wolf, Branch & Goff and Talton A. Branch, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., Jos. Manners and B. Jay Owen, Asst. Attys. Gen., for appellee.


THORNAL, Justice.

Appellant, who was defendant below, seeks reversal of a judgment of conviction pursuant to a jury verdict finding him guilty of the offense defined by Section 800.04, Florida Statutes, F.S.A., condemning the fondling of a child under 14 years of age in a lewd or indecent manner.

Several points are raised by the appeal but the only question that merits detailed consideration is whether the trial judge committed a fundamental error, which would...

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