MILLER v. STATE

No. 68-945.

220 So.2d 652 (1969)

Robert MILLER, a/k/a Willie Hansford, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 18, 1969.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Wayne L. Allen, Sp. Asst. Public Defender, for appellant.

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

Before BARKDULL, HENDRY and SWANN, JJ.


PER CURIAM.

The defendant below appeals from his adjudication and sentence in the trial court. He was found guilty, after a non-jury trial, of entering a building without breaking, with the intent to commit grand larceny and of petit larceny.

He claims reversible error in that testimony was introduced, over his objection, that a riot was in progress at the time of the incident for which he was arrested. The defendant was not charged with being a rioter.

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