RIVERS v. STATE

No. 82-516.

423 So.2d 444 (1982)

Stan Jerome RIVERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

Appellant was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). He initially asserts the evidence was insufficient to support his conviction. Although the sufficiency of the proof presents a close question, after thorough review, we conclude the State did present a prima facie case and that a judgment of acquittal was not required. The case must however be reversed on the evidentiary rulings...

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