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ERLER v. STATE

No. 69-111.

241 So.2d 202 (1970)

Robert John ERLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 18, 1970.

Attorney(s) appearing for the Case

Joseph A. Varon, of Varon & Stahl, Hollywood, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

OWEN, J., and ADAMS, ALTO (Ret.), Associate Judge, concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge (dissenting):

I respectfully dissent for the following reasons.

Defendant, appellant herein, was charged, tried by jury, convicted and duly sentenced for the crime of second degree murder. I would reverse and remand for a new trial.

The reversible error lies in the trial judge's comments...

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