STEWART v. STATE

No. 70-1165.

247 So.2d 771 (1971)

Nick STEWART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 11, 1971.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Alan M. Medof, Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


PER CURIAM.

The appellant was tried before the court and convicted of the offense of robbery. On appeal he argued the trial court committed error by refusing to exclude the testimony of the victim, the principal witness for the state. The ground for seeking to exclude such testimony was that the witness had failed to appear prior to trial for a deposition which had been sought by the defendant, for which the witness had been subpoenaed.

When the case was called...

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