BOYD v. STATE

No. 74-1313.

319 So.2d 157 (1975)

James Lucius BOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 3, 1975.


Attorney(s) appearing for the Case

Kenneth R. Mikos, of Friedrich, Kersten, Blackwell & Mikos, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

In September 1973, appellant was brought to trial before a jury upon a charge of unlawfully aiding or assisting in the setting up, promoting or conducting a lottery in violation of § 849.09(1)(d), F.S. 1973. During the course of appellant's trial his counsel called the court reporter as a witness for the purpose of impeaching the testimony of one of the state's witnesses. It appears that the state witness had previously testified at an earlier...

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