FRIERSON v. STATE

No. 76-240.

339 So.2d 312 (1976)

Edward Alonzo FRIERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1976.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

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

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


PER CURIAM.

Edward Alonzo Frierson was charged by information with second degree murder. He was tried by jury, found guilty of third degree murder, convicted and sentenced to ten years in the state penitentiary. The sole question presented on this appeal is whether the trial court erred in denying defense counsel's motion for a mistrial based on an allegedly inflammatory and prejudicial comment made by the prosecutor in closing argument.

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