MERCER v. STATE

Nos. 76-230, 76-1105.

347 So.2d 733 (1977)

Edward MERCER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 17, 1977.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler and Tatjana Ostapoff, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

The sole question we deem necessary to discuss on these consolidated appeals has to do with the sufficiency of the evidence to demonstrate an overt act so as to prove the charge of attempted robbery.

The key testimony against appellant, Mercer, came from Henson, an employee of a gasoline station. Henson testified that Mercer had been a customer at the gasoline service station for some months. On several occasions prior to September 21, 1975...

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