DELAUGHTER v. STATE

No. 75-2011.

341 So.2d 235 (1976)

Derrick DELAUGHTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 23, 1976.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Julian S. Mack, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Appellant appeals his conviction on a charge of shooting into an occupied building. He alleges error of the trial court to sua sponte grant a mistrial, following alleged prejudicial comment of the prosecuting attorney as to his belief of the appellant's guilt and failure to direct a verdict of acquittal where even if the appellant was shooting into an occupied building he was shooting at a person and, therefore, could not be guilty under the authority...

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