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WARREN v. STATE

No. 69-254.

227 So.2d 213 (1969)

Robert Johnson WARREN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

October 17, 1969.

Attorney(s) appearing for the Case

Jon E. Krupnick, of Walsh & Dolan, Fort Lauderdale, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Following trial by jury the defendant was convicted of robbery and duly sentenced. He appeals. We affirm.

We agree that the state acted improperly in presenting to the jury during closing argument portions of the complaining witness' deposition which had not been received in evidence. R.L. Bernado & Sons, Inc. v. Duncan, Fla.App. 1961, 134 So.2d 297; Frenette v. State, 1947, 158 Fla. 675, 29 So.2d 869. This...

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