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THOMAS v. STATE

No. 79-1799/T4-724.

394 So.2d 548 (1981)

J.B. THOMAS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, Appellate Division, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, J.B. Thomas, Jr., was convicted after jury trial of kidnapping, sexual battery and robbery. His first point on appeal is the claim that the prosecutor improperly injected a racial slur into the trial, wherein a black man was accused of raping a white woman, by making the following closing argument:

Remember I asked Mr. Porter which way is Cape Canaveral — that's north. But the defense wants you to believe she went out of...

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