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Ellison v. State

District Court of Appeal of Florida, Fourth District
May 24, 1974
294 So. 2d 715 (Fla. Dist. Ct. App. 1974)

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.


Summaries of

Ellison v. State

District Court of Appeal of Florida, Fourth District
May 24, 1974
294 So. 2d 715 (Fla. Dist. Ct. App. 1974)
Case details for

Ellison v. State

Case Details

Full title:EUGENE ELLISON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 24, 1974

Citations

294 So. 2d 715 (Fla. Dist. Ct. App. 1974)