TOBEY v. STATE

No. 85-208.

486 So.2d 54 (1986)

Daniel Maxwell TOBEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 4, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Acting Chief Judge.

In the course of cross-examining appellant, the prosecutor sought to lay the groundwork for impeachment by prior inconsistent statement when he asked appellant whether or not he had made various statements to several different persons. Even though appellant denied making the statements, the prosecutor did not call three of these persons on rebuttal to testify that the statements had been made to them. Appellant's counsel then made a motion...

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