BLACKWELL v. STATE

Nos. Q-364, Q-365.

269 So.2d 737 (1972)

Thomas Henry BLACKWELL, and James Steddo McDole, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 5, 1972.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and William C. Owen, Special Asst. Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and William E. Whitlock, III, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellants were convicted of forcible rape in Escambia County, Florida. Both appellants were tried together. McDole did not testify but his confession was introduced in evidence since it also implicated his codefendant, Blackwell.

Blackwell contends it was error to introduce the confession of his codefendant inasmuch as he was unable to cross-examine him when he elected not to testify. Blackwell's contention rests on Bruton v. United States,

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