GAINES v. STATE

No. 70-117.

240 So.2d 849 (1970)

Tommy Lee GAINES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 17, 1970.


Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, and Alan M. Medof, Asst. Attys. Gen., for appellee.

Before CHARLES CARROLL and HENDRY, JJ., and MARTIN, HENRY F., Jr., Associate Judge.


HENDRY, Judge.

The appellant-defendant was charged by information with breaking and entering and attempted grand larceny. He plead not guilty and waived jury trial. He was found guilty as charged and sentenced to six years in the state penitentiary.

Counsel for the defendant announced at trial that the defendant's only defense would be that he had taken heroin. Counsel also stipulated to the ownership of the property.

Appellant seeks reversal of the...

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