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SMITH v. STATE

No. 76-1936.

356 So.2d 380 (1978)

Howard SMITH, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 14, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Irv J. Lamel and Kurt Marmar, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and William M. Grodnick, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Defendant brings this appeal urging that the trial court erred in allowing into evidence (1) police testimony during the prosecution's direct examination and (2) defendant's testimony during cross-examination of the fact that defendant remained silent during pre-arrest custody.

On April 12, 1976, defendant was informed against for the crime of attempted first degree murder.1 Following a plea of not guilty and the waiving...

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