McMILLIAN v. STATE

No. 81-363.

409 So.2d 197 (1982)

Larry McMILLIAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Warren S. Schwartz and Elliot H. Scherker, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto and Paul Mendelson, Asst. Attys. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


BASKIN, Judge.

In this appeal, we are asked to determine whether a prosecutor's comment to the jury during closing argument constituted prejudicial error requiring reversal. We hold that the court's denial of defendant's Motion for Mistrial following the state's comment, "Ladies and gentlemen, after hearing the facts, if you want to let Larry McMillian walk out of here, if you want to let this kind of horrible crime go on in Dade County, Florida — ", cannot...

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