Flinchum v. State

Full title: THOMAS R. FLINCHUM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 22, 1976

339 So. 2d 687 (Fla. Dist. Ct. App. 1976)

Opinion

No. Z-474.

November 19, 1976. Rehearing Denied December 22, 1976.

Appeal from Circuit Court, Putnam County; E.L. Eastmoore, Judge.

Joe C. Miller, II, of Miller, Perry Miller, Palatka, Dan R. Warren of Judge Warren, Daytona Beach, for appellant.

Robert L. Shevin, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

PER CURIAM.

AFFIRMED.

BOYER, C.J., and SMITH, J., concur.

MILLS, J., dissents.

MILLS, J., dissents:

I dissent. In my judgment, the remarks made by the trial court during the examination of witnesses for the defendant were prejudicial and as a result the defendant was denied a fair trial.

I would reverse and remand for a new trial.