HENDERSON v. STATE

No. 74-755.

304 So.2d 537 (1974)

Lincoln R. HENDERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 10, 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 Joel D. Rosenblatt, Asst. Atty. Gen., and Margarita Esquiroz, Legal Intern, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Defendant was informed against for breaking and entering with intent to commit a misdemeanor (petit larceny), tried by jury, found guilty and sentenced to serve five years in the state penitentiary.

Appellant first urges as error the trial court's denial of defense counsel's motion for mistrial based on the prosecution eliciting testimony of a prior arrest of the defendant, which served to infer a propensity on the defendant's part to engage in...

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