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WYATT v. STATE

No. 71-425.

270 So.2d 47 (1972)

John Earl WYATT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 18, 1972.

Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William W. Herring, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

The defendant was convicted of robbery and appeals. We reverse because of an erroneous interpretation and application of Rule 1.250, F.R.Cr.P., 33 F.S.A., it being exactly worded as Section 918.09, F.S. 1969, F.S.A. The provision is:

"918.09 Accused may make himself a witness. — In all criminal prosecutions the accused may at his option be sworn as a witness in his own behalf, and shall in such case be subject to examination as other...

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