SPRIGGS v. STATE

No. 79-1027.

392 So.2d 9 (1980)

Elisha H. SPRIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 21, 1981.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cathleen H. Brady, Asst. Public Defender, 15th Judicial Circuit of Florida, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., and Ondina Felipe, Asst. Atty. Gen., West Palm Beach, for appellee.


WESSEL, JOHN D., Associate Judge.

During the closing arguments the prosecutor picked up the knife which was admitted into evidence as used by the appellant during an armed robbery, and said to the jury, "It's not funny ... this is a weapon.", and proceeded to stick the knife into the jury rail.1

Appellant claims it was error for the Trial Court to allow this communication even without a motion for mistrial. It is clear that the...

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