JACOBS v. STATE

No. 78-1366.

380 So.2d 1093 (1980)

Scott Bryant JACOBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 2, 1980.


Attorney(s) appearing for the Case

Geoffrey C. Fleck of Kogen & Kogan, P.A., Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Mary E. Marsden and Russell S. Bohn, Asst. Attys. Gen., West Palm Beach, for appellee.


MOORE, Judge.

In this appeal from a conviction of second degree murder, appellant asserts that the trial court erred in admitting hearsay evidence. We reverse.

While on his way to a rock concert, appellant with his sister and others as passengers, drove his vehicle on the right hand shoulder of a congested highway in order to pass slow moving traffic. The victim, who was traveling in the same direction, blocked appellant's progress. The two drivers exited...

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