WALTON v. STATE

No. 74-955.

305 So.2d 226 (1974)

Kenneth WALTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


PER CURIAM.

The appellant was found guilty by a jury of murder in the second degree. The proof of guilt is clear and convincing of killing in the process of an attempted robbery. On this appeal, appellant urges that he is entitled to a new trial because of the trial judge's failure to declare a mistrial when the evidence revealed a similar crime the night before.

We hold that the evidence was clearly admissible under the test set by the Supreme Court of Florida...

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