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Bridges v. State

District Court of Appeal of Florida, Third District
Oct 9, 1967
202 So. 2d 225 (Fla. Dist. Ct. App. 1967)

Opinion

No. 66-943.

September 12, 1967. Rehearing Denied October 9, 1967.

Appeal from the Criminal Court of Record for Dade County, Jack M. Turner, J.

Engel Pollack, Miami, and Philip S. Goldin, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., BARKDULL, J., and LOPEZ, ACQUILINO, Jr., Associate Judge.


The appellant was tried before a jury on an information charging him with attempting to break and enter a building with intent to commit a felony, to-wit, grand larceny, and possession of burglary tools. The jury found the appellant guilty and sentenced him to eight years in the state penitentiary. On appeal, he contends, (1) that the court erred in not granting the appellant's motion for mistrial when the State Attorney in his argument to the jury stated that the appellant did not take the stand in his own defense; (2) that the trial court erred in not granting the appellant's motion for mistrial when the State Attorney in his opening argument and on direct examination inferred that the appellant had a bad character and criminal history by references to pictures posted in a police station.

A review of the record convinces us that the remarks of the State Attorney do not lend themselves to the connotation given by the appellant under any reasonable view of the circumstances. Therefore reversal is denied on the two contentions. See Hand v. State, 188 So.2d 364-367 (Fla.App. 1966).

Affirmed.


Summaries of

Bridges v. State

District Court of Appeal of Florida, Third District
Oct 9, 1967
202 So. 2d 225 (Fla. Dist. Ct. App. 1967)
Case details for

Bridges v. State

Case Details

Full title:ROY WINNEN BRIDGES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 9, 1967

Citations

202 So. 2d 225 (Fla. Dist. Ct. App. 1967)