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ECK v. STATE

No. 76-2035.

354 So.2d 459 (1978)

James ECK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 31, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Jerry L. Schwarz and James L. Eisenberg, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

STETTIN, HERBERT, Associate Judge.

Appellant was convicted of third-degree murder. He seeks reversal claiming error in the admission of testimony at trial from a police officer concerning his silence after arrest and Miranda warnings.

Factually, it appears the appellant had been drinking with the decedent at his home. They had a dispute and the appellant shot the decedent. When the police arrived they arrested...

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