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WHEELIS v. STATE

No. Y-399.

340 So.2d 950 (1976)

Lance Sidney WHEELIS, and William Edward Hawkins, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 3, 1976.

Attorney(s) appearing for the Case

George B. Weires, Miami, and Tyce S. Smith, Springfield, Mo., for appellants.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.

SMITH, Judge.

Wheelis and Hawkins, convicted on a charge of attempted breaking and entering with intent to commit a misdemeanor, complain on this appeal of the trial court's exclusion of certain evidence offered by the defense and of the court's jury instruction concerning the weight to be given testimony by an accomplice. Florida Standard Jury Instructions in Criminal Cases, 2.12(d). We reverse on both grounds.

Wheelis and Hawkins were apprehended at an early...

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