MORGAN v. STATE

No. 68-1067.

223 So.2d 801 (1969)

James MORGAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 10, 1969.


Attorney(s) appearing for the Case

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

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., and Melvin Grossman, Asst. Attys. Gen., for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PER CURIAM.

The appellant was charged by information with robbery. He entered a plea of not guilty, and on October 16, 1968, was tried by a jury composed of six members. The jury found the appellant guilty of the lesser offense of grand larceny. The court adjudicated him convicted and sentenced him to five years in the state penitentiary.

This appeal presents a single point. "Is it a violation of a criminal defendant's federal constitutional right to a jury...

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