Opinion
No. 71-592.
October 26, 1971.
Appeal from the Criminal Court of Record for Dade County, Ellen J. Morphonios, J.
Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before SWANN, C.J., and PEARSON and BARKDULL, JJ.
Appellant was found guilty by a jury and adjudicated guilty of breaking and entering with intent to commit a felony, to wit: Grand Larceny. On this appeal it is urged that the trial court erred in allowing a rebuttal witness to testify over appellant's objection. The rebuttal witness was properly called to rebut by prior, inconsistent statements the testimony of the appellant given in his own behalf. Barkley v. State, 152 Fla. 147, 10 So.2d 922 (1942).
Affirmed.