CORLEY v. STATE

No. 76-44.

335 So.2d 849 (1976)

Robert John CORLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 27, 1976.


Attorney(s) appearing for the Case

Kenneth Garber, Fort Myers, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHWARTZ, ALAN R., Associate Judge.

On this appeal from a conviction for second degree murder, we reverse for a new trial because of the trial court's erroneous exclusion of proferred testimony that the only identifiable fingerprints on a vodka bottle found on a couch near the victim's body were those of an unidentified third person and had been made neither by the decedent nor the defendant. The evidence was plainly admissible in support of the defense that the crime...

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