STATE v. MAIER

Nos. 79-227, 79-695.

378 So.2d 1288 (1979)

The STATE of Florida, Appellant, v. Walter R. MAIER, Jr., Appellee. Thomas James BUSIELLO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 28, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., Janet Reno, State's Atty. and Theda R. James, Asst. State's Atty., for the State.

Milton E. Grusmark, Miami, for Walter R. Maier, Jr., and Thomas James Busiello.

Before PEARSON, HUBBART and SCHWARTZ, JJ.


SCHWARTZ, Judge.

Although it is of course dangerous and forbidden to eat of its fruit, we hold in these cases that one may safely have a meal in a structure partially constructed with lumber made from the poisonous tree. The facts which give rise to the use of this outrageous, but we think appropriate, extension of the all-too-familiar metaphor follow.

On July 11, 1977, in their Coral Gables home, Mr. and Mrs. Shultz were robbed at gunpoint by two men, Maier...

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