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MILEY v. STATE

No. 6438.

186 So.2d 299 (1966)

Larry MILEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

May 11, 1966.

Attorney(s) appearing for the Case

Robert H. Carlton, of Carlton & McCown, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and William Roth, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

The appellant, Larry Miley, defendant below, was convicted of breaking and entering with intent to commit petit larceny.

The principal subject of this appeal is the following comment made by the Assistant State's Attorney to the jury:

"Gentlemen, the Court will instruct you that where a person is found in possession of recently stolen property, that in the absence of a reasonable explanation by that person at the time he is found in possession...

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