Opinion
No. 73-1106.
May 24, 1974.
Appeal from the Circuit Court, Broward County, James A. McCauley, J.
Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed.
CROSS and DOWNEY, JJ., concur.
WALDEN, J., concurs specially.
The trial court erred in limiting the defendant's cross examination of the state's polygraph expert. The question,
"Let me ask you this, Mr. McLain, whether or not psychology and particularly people who may be affected one way or another with psychosis or neurosis has any bearing on the findings on these machines",
should have been allowed and the expert permitted to respond.
However, it is my view that the error was harmless in light of the large amount of other incriminating testimony and evidence. I do, therefore, concur in the affirmance of the defendant's conviction.