KELLOGG v. STATE

No. K-260.

219 So.2d 745 (1969)

Calvin T. KELLOGG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. First District.

March 6, 1969.


Attorney(s) appearing for the Case

Louis O. Frost, Public Defender, Ralph W. Nimmons, Jr., Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., James Robert Yon, Asst. Atty. Gen., for appellee.


SPECTOR, Judge.

Appellant was charged with assault with intent to commit murder in the first degree. A Nassau County jury found him guilty of a lesser offense — assault with intent to commit murder in the second degree.

The only error contended by appellant was the trial court's failure to strike certain testimony given by a prosecution witness that he was booked and charged with disorderly conduct and resisting arrest. It is claimed that such testimony...

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