OTTO v. STATE

No. 60-295.

126 So.2d 152 (1961)

Buckley OTTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 8, 1961.


Attorney(s) appearing for the Case

Truett & Watkins and Harold Heller, Garber & Chadroff and Joseph H. Ganz, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.


PER CURIAM.

On appeal from a judgment of conviction and sentence, the appellant urges one ground for reversal. He contends, since he did not take the stand as a witness or offer evidence in his own behalf, that the remarks of the prosecuting attorney in his closing argument to the jury constituted reversible error.

Appellant's counsel in his opening statement to the jury said:

"We will show you through the testimony of the defendant, who will openly...

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