MAYAN v. STATE

No. 75-762.

325 So.2d 442 (1976)

Ramon MAYAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 11, 1976.


Attorney(s) appearing for the Case

Manners & Amoon and Harold Mendelow, Albert Carricarte, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., and William M. Grodnick, Legal Intern, for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


PER CURIAM.

During the trial of this case, the presiding judge made a comment during the testimony of a witness that was improper because it could be interpreted by the jury as a statement that the judge did not consider the witness's testimony to be important or presented for any justifiable purpose. Upon objection and motion for mistrial, the court instructed the jury to disregard the comment and then polled the members, receiving from them an affirmative response...

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