MAGUEIRA v. STATE

No. 76-2198.

352 So.2d 587 (1977)

Israel MAGUEIRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 6, 1977.


Attorney(s) appearing for the Case

Lewis M. Williams, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HUBBART and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

Appealing from conviction of burglary, on a non-jury trial, the question presented by the appellant is "Whether the Circuit Court erred in denying defendant's motion for judgment of acquittal after the close of all the testimony".

As pointed out by the State, as appellee, no such motion was made or ruled on at the close of all the evidence. A motion of the defendant for acquittal had been made at the close of the presentation of evidence by the...

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