Russell v. State, 69--167
Decision Date | 23 March 1970 |
Docket Number | No. 69--167,69--167 |
Parties | Glen RUSSELL, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Timothy A. Curran of Sam E. Murrell & Sons, Orlando, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant appeals conviction and judgment entered thereon of assault with intent to commit first degree murder and breaking and entering a vehicle with intent to commit a crime. We reverse.
Defendant's principal assertion of error surrounds statements made by the prosecutor to the jury during argument, inclusive of which is the following:
'People are getting killed and I submit to you if we let this individual go in society possibly something will happen will effect (sic), that an innocent party, another innocent party could possibly get killed by this individual.
'* * *.
'He was the one that performed the act that night of September 23rd, 1967, and he should be made to pay for that crime because if we don't have that, we are going to have a breakdown in society and we are going to have people getting stabbed all over Orange County.
With commendable candor, the State admits in its brief:
'Therefore, we are inclined to think that these above comments of the prosecutor fall within the condemnation of the decisions in the following cases: Grant v. State, 194 So.2d 612 (Fla.1967); Stewart v. State, 51 So.2d 494 (Fla.1951); Chavez v. State, 215 So.2d 750 (Fla.App.2d 1968); and Davis v. State, 214 So.2d 41 (Fla.App.3d 1968).
'It further appears that the nature of these statements made by the prosecutor, when considered in light of the above-cited decisions, would render a 'harmless error' contention entirely inappropriate in this cause.'
We agre...
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Irwin v. Singletary, 93-1010-CIV-T-17A.
...for the State to support the detective's credibility. 11 Petitioner cites to Grant v. State, 194 So.2d 612 (Fla.1967); Russell v. State, 233 So.2d 154 (Fla. 4th DCA 1970); Rahmings v. State, 425 So.2d 1217 (Fla. 2d DCA 12 Under Florida Statute 90.404(2), evidence of other crimes, wrongs, or......
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Williams v. State, 82-436
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Green v. State, 88-2508
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Perdomo v. State, 82-1133
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