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SHOWERS v. STATE

No. 77-312.

364 So.2d 848 (1978)

Samuel SHOWERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 29, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Chief Judge.

This appeal involves the application of the rule of sequestration of witnesses.

Appellant was charged with assault with intent to commit first-degree murder. At the conclusion of the state's case the following occurred:

MR. MCCARTHY: Your Honor, before the jury returns my client has requested or would like to call Calvin Hightower to the stand. It's my understanding that the rule is invoked. I invoked it. He informed me that he...

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