MARSHALL v. STATE

No. 79-1177.

413 So.2d 872 (1982)

Charlie MARSHALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


ON MOTION FOR REHEARING GRANTED

NESBITT, Judge.

The defendant seeks reversal of his conviction for the offenses of: (1) murder in the second degree; and (2) unlawful possession of a firearm during the commission of a felony.

He contends the trial court erred in denying his motion at trial to exclude the testimony of a material witness offered by the state because that witness had twice failed to appear for deposition requested by defense counsel...

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