CAPITOLI v. STATE

No. 4745.

175 So.2d 210 (1965)

Rudolph Robert CAPITOLI, Arthur Michael Newman, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 3, 1965.


Attorney(s) appearing for the Case

Joseph A. Varon, Hollywood, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and Victor V. Andreevsky, Asst. Atty. Gen., Miami, for appellee.


SMITH, Chief Judge.

Tried by the court without a jury the appellants were convicted of breaking and entering with intent to commit grand larceny. They seek reversal on the ground that the trial court erred in admitting over their objections certain evidence allegedly obtained by an unreasonable search and seizure. The record affirmatively discloses that the trial judge disregarded such evidence and based his findings exclusively upon other evidence which amply supports...

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