PADRON v. STATE

No. 74-225.

328 So.2d 216 (1976)

Roger J. PADRON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 1976.


Attorney(s) appearing for the Case

Michael T. Mallon, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas M. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant, indicted for second degree murder, was convicted of manslaughter. We reverse and remand for a new trial because we conclude that harmful error occurred when the court allowed the State to place into evidence, over appellant's objection, the homicide weapon (a handgun) which had been obtained as a result of a warrantless search of appellant's home subsequent to the shooting.

The search which resulted in the seizure of the weapon occurred...

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