POWELL v. STATE

No. 811.

208 So.2d 146 (1968)

Joseph POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

March 19, 1968.


Attorney(s) appearing for the Case

W.D. Frederick, Jr., Public Defender, and William B. Barnett, Asst. Public Defender, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.


WHITE, JOSEPH S., Associate Judge.

Appellant was tried and convicted on an information charging murder in the second degree. H was represented by a public defender throughout the trial.

Two questions are argued on this appeal. The first is:

"The trial court erred in failing to declare a mistrial or to strike the testimony of the witness Marie Hill, of its own motion, when it appeared that Mrs. Hill constantly referred to the victim as her husband...

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