TESTASECCA v. STATE

No. 1072.

115 So.2d 584 (1959)

Jim TESTASECCA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 23, 1959.


Attorney(s) appearing for the Case

W.H. Taylor, Jr. of Buscemi & Taylor, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., and Edward S. Jaffry, Asst. Atty. Gen., for appellee.


SHANNON, Judge.

This is an appeal from a judgment and sentence on a lottery conviction. The appellant-defendant has posed two questions: (1) Whether the allegations of the affidavit for search warrant comply with the legal requirements of probable cause, and (2) Whether the prosecutor's remarks to the jury constituted an improper comment on the defendant's failure to testify at the trial.

The affidavit for search warrant, made by Howell T. Ryals, sergeant...

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