DAVIS v. STATE

No. 71-484.

254 So.2d 221 (1971)

Jeff DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1971.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON and CHARLES CARROLL, JJ., and LESTER, M. IGNATIUS, Associate Judge.


PEARSON, Judge.

The appellant was charged with robbery and found guilty by a jury. He was sentenced to a ten year term in the state prison. On this appeal appellant's first point urges error upon the refusal of the trial court to give his requested instruction upon the defense of alibi. We hold that the instruction should have been given and that the error was prejudicial. Therefore, we reverse.

Appellant's only defense in the trial court was predicated upon...

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