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HENRY v. STATE

No. 85-663.

483 So.2d 860 (1986)

Robert G. HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 27, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction and sentence for manslaughter.

The first point on appeal involves alleged prosecutorial misconduct regarding a comment about the failure of the defendant to call witnesses for his defense. There was no misconduct and no error. Defense counsel invited the comments by his argument regarding the failure of the state to present certain evidence and call certain witnesses. The state attorney's comments were fair...

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