JONES v. STATE

No. 76-1908.

353 So.2d 891 (1977)

Larry Darnell JONES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

On this appeal by the defendant below, from conviction of robbery, it is contended it was reversible error for the prosecutor to seek to impeach the defendant's exculpatory story told for the first time at trial, by cross-examining the defendant about his failure to have told that story to the police after receiving his Miranda warnings at the time of his arrest; and for comment thereon by the prosecutor later in argument. Due objections were made...

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