WEEKS v. STATE

No. 77-1365.

363 So.2d 176 (1978)

Daniel WEEKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 11, 1978.


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 Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Defendant appeals his conviction of aggravated assault. We affirm.

In closing argument the prosecutor commented on the fact that a particular witness had not testified and was conveniently out of the State. Defendant objected but did not move for a mistrial. On appeal defendant asserts fundamental error and contends the trial court should have declared a mistrial.

The issue in the case was whether the defendant had used a knife in a fight...

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