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BRITTON v. STATE

No. 81-1146.

414 So.2d 638 (1982)

Robert Walter BRITTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 2, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and J. Peyton Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Britton, contends that the court below erred by allowing the state to call a witness in rebuttal. He argues the witness' testimony was both improper rebuttal and cumulative.

Rebuttal evidence explains or contradicts material evidence offered by a defendant. Kirkland v. State, 86 Fla. 64, 97 So. 502 (1923). See also Dornau v. State, 306 So.2d 167 (Fla.2d DCA 1974), cert. denied...

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