ATKINSON v. STATE

No. 74-590.

317 So.2d 807 (1975)

Leonard Earl ATKINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 25, 1975.


Attorney(s) appearing for the Case

James C. Dauksch, Jr., of Dauksch & Brownlee, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

At the commencement of appellant's criminal trial the court ordered the sequestration of all witnesses. Subsequently, deeming two of appellant's alibi witnesses to have violated the order of sequestration, or "rule" as it is frequently called, the judge disqualified them from testifying. We hold that under the facts of this case such was prejudicial error requiring the judgment to be reversed and appellant to be afforded a new trial.

At the commencement...

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