LEE v. STATE

No. Z-477.

328 So.2d 266 (1976)

Roland LEE and William C. Sapp, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing March 30, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.


BOYER, Chief Judge.

One question is presented for our review on appeal, to wit: whether certain testimony sought to be introduced at appellants' trial for breaking and entering with intent to commit grand larceny was properly excluded on the basis of the hearsay rule.

Appellants were caught in the act of removing certain items belonging to Randall Knight and Bob Posey which were stored in an old building in Live Oak. Both appellants told Posey and Knight that...

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