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DAUGHTREY v. STATE

No. W-517.

325 So.2d 456 (1976)

Earl L. DAUGHTREY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 6, 1976.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, Louis G. Carres, Asst. Public Defender, Jeffrey H. Savlov, Special Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., A.S. Johnston, Asst. Atty. Gen., for appellee.

SACK, MARTIN, Associate Judge:

This is an appeal from a conviction for armed robbery and assault with intent to commit first degree murder.

The defense was an alibi, and the appellant took the stand on his own behalf, testifying as to his alleged whereabouts and persons whom he had seen during the day. During the prosecutor's closing remarks the following took place:

"... The Defendant has taken the stand...

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