SMITH v. STATE

No. 77-772.

353 So.2d 205 (1977)

Charles SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Appellant/defendant contends the trial court erred in excluding the testimony of a defense witness whose name was not included on the witness lists exchanged pursuant to Fla.R.Crim.P. 3.220 without first making an adequate inquiry into all the surrounding circumstances.

The defendant was tried by a jury on a charge of aggravated assault. At trial the defense called Mrs. Jeannette Smith as a witness. Her name had not been included on the witness...

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