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FREEMAN v. STATE

No. 77-1949.

371 So.2d 114 (1978)

Cleveland FREEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 31, 1979.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and Robert L. Bogen, Asst. Atty. Gen. and Kenneth G. Spillias, Legal Intern, West Palm Beach, for appellee.

ANSTEAD, Judge.

The appellant, Cleveland Freeman, was convicted of robbery and appeals the trial court's refusal to instruct the jury on the state's burden to prove identity. We reverse.

Freeman was charged with the robbery of a photography studio operated by Mr. and Mrs. Louis Dee. Mrs. Dee had never seen Freeman prior to the day of the robbery and was the only witness to identify Freeman as the robber at trial...

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