THOMAS v. STATE

No. 72-769.

272 So.2d 217 (1973)

Johnnie Lee THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 24, 1973.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Alan S. Becker, Asst. Public Defender and Harold Melville, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., J. Robert Olian and William L. Rogers, Asst. Attys. Gen., for appellee.

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


PER CURIAM.

The appellant was found guilty of second degree murder after a trial before a jury. On this appeal, the points raised are directed to the court's denial of the defendant's motion to suppress a confession. Appellant argues that the court erred in two particulars: (1) in failing to hear the motion to suppress prior to the trial, and (2) in failing to grant the motion.

The trial court heard evidence and denied appellant's motion outside the hearing...

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