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STATE v. BOLTON

No. 79-1703.

383 So.2d 924 (1980)

STATE of Florida, Appellant, v. William H. BOLTON, Appellee.

District Court of Appeal of Florida, Second District.

April 23, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender, Clearwater, and William G. Sestak, Asst. Public Defender, Dade City, for appellee.

CAMPBELL, Judge.

Appellee was indicted for second degree murder, tried by jury and found guilty. He did not testify in his own behalf nor offer any other evidence at the trial. Early in his opening argument, defense counsel stated to the jury:

As His Honor, Judge Ulmer, indicated this is both my opportunity and Mr. Mander's [Assistant State Attorney] opportunity to give you our ideas or concepts of what we think the evidence showed or might not have shown...

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