ANGELL v. STATE

No. 71-39.

254 So.2d 27 (1971)

Nicholas Robert ANGELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1971.


Attorney(s) appearing for the Case

Matthews, Mandina & Lipsky, Coconut Grove, for appellant.

Robert L. Shevin, Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

Before SWANN, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

Defendant, Angell, appeals from his conviction of unlawful possession and sale of heroin after a jury trial.

Prior to trial Angell moved, under Rule 1.220(e) CrPR, 33 F.S.A., for the exchange of a list of all witnesses known to the parties. The state, through inadvertence, failed to comply with the aforesaid rule. After the jury had been selected and witnesses sworn defendant moved to exclude all the state's witnesses because of its failure to...

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