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WILKES v. STATE

No. 88-709.

541 So.2d 664 (1989)

Barry Eugene WILKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 13, 1989.

Attorney(s) appearing for the Case

Alan B. Fields, Jr. of Dowda and Fields, Chartered, Palatka, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

GOSHORN, Judge.

Barry Eugene Wilkes appeals his conviction for second degree murder. He asserts as error the admission as substantive evidence of an out-of-court statement implicating him in the crime. The statement had been made by alleged co-perpetrator Hogan during a police interrogation. At trial1 Hogan denied the truthfulness of his sworn statement, claiming it had been obtained by the police through threats of the electric chair...

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