SMITH v. STATE

Nos. 66-530, 66-531.

199 So.2d 503 (1967)

Ronald Vincent SMITH and Roy Kinchen, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

May 31, 1967.


Attorney(s) appearing for the Case

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

Earl Faircloth, Atty. Gen., and Barry N. Semet and James T. Carlisle, Asst. Atty. Gen., for appellee.

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


PER CURIAM.

The appellants were tried together in a non-jury trial and found guilty of robbery. On this appeal the single point presented urges that the court committed reversible error by admitting into evidence a certain pistol. The state attorney, in compliance with a court order on discovery, misled the defense counsel as to the ownership of the pistol.

There is no dispute of fact under this point, inasmuch as the state admits that pursuant to a discovery...

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