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VITIELLO v. STATE

No. 64-244.

169 So.2d 339 (1964)

Frank Michael VITIELLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

December 1, 1964.

Attorney(s) appearing for the Case

J. Victor Africano, Hallandale, for appellant.

James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

The appellant was tried and found guilty by a jury of the crime of robbery. He was adjudged guilty and sentenced to the State Prison for ten years, whereupon, this appeal was taken. The only point presented by the appellant questions the sufficiency of the evidence as to his identification.

The test to be applied has been fully set forth in McNeil v. State, 104 Fla. 360, 139 So. 791, 792:

"* * * this court will as a rule not reverse a...

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