HEMMINGWAY v. STATE

No. Y-373.

343 So.2d 866 (1976)

Herschell Fletcher HEMMINGWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 25, 1977.


Attorney(s) appearing for the Case

James L. Harrison of Harrison & Finegold, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., Raymond L. Marky and Richard L. Wilson, Asst. Attys. Gen., Tallahassee, for appellee.


SMITH, Judge.

Hemmingway appeals convictions arising from his alleged intoxication and culpable negligence in the operation of a motor vehicle, resulting in another's death. Hemmingway asserts the State deprived him of due process of law by failing to reveal certain evidence to his counsel before trial and that the trial court erred in permitting the State to introduce that evidence on rebuttal.

The facts are as detailed in Judge Rawls' dissent and may be...

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