HODGE v. STATE

No. 77-300.

355 So.2d 198 (1978)

Robert HODGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and HENDRY and KEHOE, JJ.


PER CURIAM.

Appellant was charged with first degree murder. He was tried and found guilty by a jury of murder in the second degree. By this appeal appellant seeks reversal of his conviction and sentence.

Appellant's point on appeal presents the question of whether it was reversible error for the trial court to deny appellant's motion for mistrial based on alleged prejudicial remarks made by the prosecuting attorney both during his opening statement to the...

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