WATKINS v. STATE

No. 77-1925.

363 So.2d 575 (1978)

George C. WATKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 17, 1978.


Attorney(s) appearing for the Case

Hirschhorn & Freeman and Joel Hirschhorn, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and BARKDULL and HUBBART, JJ.


HUBBART, Judge.

The central issue involved on this appeal is whether it is an indirect comment on the defendant's failure to testify in a criminal case for a prosecuting attorney to play [before a trial jury] a tape recording of an incriminating telephone conversation involving the defendant which has previously been admitted in evidence, point to the defendant at counsel table, and argue that the defendant cannot deny such taped conversation. Under well-settled principles...

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