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ROBINSON v. STATE

No. 63-14.

161 So.2d 578 (1964)

Carlton ROBINSON, a/k/a Robbie Robinson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 10, 1964.

Attorney(s) appearing for the Case

Henry R. Carr and William B. Seidel, Miami, for appellant.

James W. Kynes, Jr., Atty. Gen., and Leonard R. Mellon, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

The appellant was convicted of unlawful possession and dispensing of marijuana.

During the course of the defendant's trial, by jury, appellant's counsel was cross-examining a state witness when the court made the following remark:

"The witness Tymes is an honest, poor man, who has had a very hard time getting an education. He is not as well educated as we are and for that reason his answers may not appear to be like those of an educated...

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