WHITE v. STATE

Nos. 77-1858, 77-1918.

365 So.2d 199 (1978)

Phillip J. WHITE and Willie Barnes, Jr., Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Susan G. Sexton, Asst. Public Defender, Bartow, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

Appellants argue that the trial court erred in denying their motion for mistrial after a witness made reference to their privilege against self-incrimination. We agree and reverse their convictions.

A Polk County grand jury indicted appellants and five others for the first degree murder of a Cypress Gardens security guard in 1974. Appellants received a separate trial at which the state's main witness was David Mitchell. Mitchell was a participant...

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