TOLLIVER v. STATE

No. 61-5.

133 So.2d 565 (1961)

Henry T. TOLLIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 3, 1961.


Attorney(s) appearing for the Case

Robert L. Koeppel and Marco Loffredo, Miami, for appellant.

Richard W. Ervin, Atty. Gen. and Herbert P. Benn, Asst. Atty. Gen., for appellee.

Before CARROLL, BARKDULL and HENDRY, JJ.


BARKDULL, Judge.

Appellant, who was convicted of third-degree murder and sentenced to 15 years, seeks reversal of his conviction primarily because of remarks made by the prosecutor in his closing argument, which, by "reference", tended to show that the appellant-defendant did not take the stand in his own defense, although he was sworn along with other witnesses in the presence of the jury. Said comments were within those prohibited by § 918.09, Fla. Stat. 1959...

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