HANKERSON v. STATE

No. 76-879.

347 So.2d 744 (1977)

Allen HANKERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 1977.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and George B. Barrs, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

This is an appeal from a robbery conviction. We reverse.

A co-defendant had already pled guilty to the robbery sub judice, prior to trial, and he was promptly subpoenaed by the State under Chapter 914.04, Florida Statutes (1975). At the deposition prior to trial, the subpoenaed co-defendant refused to testify, claiming a Fifth Amendment privilege, and was found in contempt of court for so doing. Called as a witness at the trial itself, the same...

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