SHAW v. STATE

No. 88-2121.

557 So.2d 77 (1990)

Billy C. SHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing March 1, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Barbara M. Linthicum, Public Defenders, and P. Douglas Brinkmeyer, Deputy Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Billy C. Shaw appeals his conviction for second degree murder contending the trial judge erred in allowing a pathologist to testify as an expert that no struggle with the victim occurred, and in failing to grant a motion for mistrial based upon improper comments by the prosecutor. We affirm.

The trial judge did not abuse his discretion in denying the motion for mistrial.

The trial judge erred in permitting the pathologist to render an expert...

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