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DIXON v. STATE

No. 68-177.

216 So.2d 85 (1968)

Carl A. DIXON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied December 23, 1968.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Carleton L. Weidemeyer, Asst. Public Defender, Clearwater, for appellant.

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

MANN, Judge.

A shopper is entitled to touch merchandise without fear that his fingerprints alone will convict him if it is later stolen. Where fingerprints are found in a place open to the public, "the circumstances must be such that the print could have been made only at the time the crime was committed." Ivey v. State, 176 So.2d 611, 612 (Fla.App. 1965). See also Tirko v. State, 138 So.2d 388

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