WASHINGTON v. STATE

No. 67-328.

210 So.2d 290 (1968)

Johnnie B. WASHINGTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

May 8, 1968.


Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., Public Defender, and Richard C. Edwards, Asst. Public Defender, Tampa, for appellant.

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


PER CURIAM.

Appellant seeks reversal of a judgment of conviction entered on a jury verdict finding him guilty of breaking and entering with intent to commit a misdemeanor. His sole contention of error is that the Assistant State Attorney, in his closing argument to the jury, improperly commented on appellant's failure to testify, thus violating Florida Statutes, Section 918.09 (1965), F.S.A.

When taken in the context of the record as a whole, the assailed...

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