BERRY v. STATE

No. 72-1182.

298 So.2d 491 (1974)

Thomas Lee BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 16, 1974.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard S. Power, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


CROSS, Judge.

Appellant-defendant, Thomas Lee Berry, appeals a judgment of conviction and sentence for the offense of robbery. We reverse.

Appellant-defendant, Thomas Lee Berry, was charged by information with robbery. At the commencement of the defendant's trial six jurors were sworn to try the cause, and one other person, Helen L. Hoyer, was sworn as an alternate juror. Evidence and final arguments were presented by the parties. After the trial judge instructed...

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