ARMSTRONG v. STATE

No. 79-21.

377 So.2d 205 (1979)

Johnny Lee ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 6, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and David A. Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


STARNES, HUGH E., Associate Judge.

During trial the court allowed testimony over defendant's objection by an employee of a grocery store that he had seen defendant's wife in the store putting items in her purse several days before the date of the alleged crime. Although defendant was also in the store with her on the earlier date, he was in a different part of the store when his wife was seen putting the items in her purse. The defendant was charged with theft of...

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