COSTANTINO v. STATE

No. 68-616.

224 So.2d 341 (1969)

Robert Rocco COSTANTINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 23, 1969.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, John H. Schulte and W.H. Stiles, Special Asst. Public Defenders, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and SWANN, JJ.


PER CURIAM.

The appellant, Costantino, defendant below, was convicted of breaking and entering with the intent to commit grand larceny and sentenced to fifteen years in the State Penitentiary. This appeal followed.

The defendant seeks reversal of his conviction on the ground that the trial judge erred in refusing to admit into evidence the deposition of a witness who was absent from the State of Florida at trial. He claims that this witness would have established...

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