KOLSKY v. STATE

No. 5820.

182 So.2d 305 (1966)

Benjamin KOLSKY and Herman South, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 3, 1966.


Attorney(s) appearing for the Case

Henry Gonzalez, Tampa, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.


ALLEN, Chief Judge.

The appellants, defendants below, appeal the judgment and sentence entered pursuant to a jury verdict finding them guilty of buying and receiving stolen property.

The appellants' point on appeal, that the prosecutor's comment on the defendants' failure to testify constituted fundamental error which denied defendants' right to a fair and impartial trial guaranteed by the Constitution of the United States as applied to the states, has merit...

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