EVANS v. STATE

No. 65-216.

178 So.2d 892 (1965)

Merlin EVANS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

October 12, 1965.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and BARKDULL and SWANN, JJ.


HENDRY, Chief Judge.

This is an appeal by the defendant of a conviction of assault with intent to commit robbery.

The sole point on appeal is whether the trial judge erred in denying defendant's motion for mistrial. The motion was made as a result of a comment made by the prosecuting attorney in the presence of the jury during cross examination of one of the investigating officers. Defense counsel had asked the officer why he could not find a certain alibi...

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