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194 So. 2d 593

Chippas v. State

Supreme Court of Florida

Decided January 25, 1967

Supreme Court of Florida · decided 1967-01-25

Relies on Benefield v. State · Chippas v. State · 134 So. 2d 805 - Watson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1967-01-25

How this case has been cited

Cited by 4 later decisions — most recently September 1987

4 state decisions

20196719701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Petitioner here asserts that the decision of the District Court of the Third District in this case, 180 So.2d 355, is in irreconcilable conflict with the decision of this Court in Benefield v. State, 160 So.2d 706, and the decision of the District Court of Appeal, Second District, in Watson v. State, 134 So.2d 805.

¶2We find nothing in the decision below that conflicts with the decision in Benefield. The following language, however, in the case sub judice, viz:

“During the trial, an accomplice, Stubs, testified, over objection, as to two other robberies in which he and the defendant were alleged to have participated. In cross-examination, defense counsel *594attempted to present to the jury the fact that the defendant had been acquitted for the robbery of one of the other places •mentioned. The State’s objection was sustained and Stubs was not permitted to testify as to the acquittal of the appellant.
“The ruling of the trial court was correct inasmuch as the record of a former ■acquittal was the proper method to establish this fact and not by cross-examination of the accomplice. The record of the court showing acquittal of the appellant would have been the best evidence, and the trial court was correct in its ruling.”

¶3is hereby approved as the correct decision. The decision in Watson insofar as it conflicts with the above quoted language is hereby overruled.

¶4On the merits the decision of the District Court of Appeal is hereby affirmed.

ROBERTS, DREW, O’CONNELL, CALDWELL and ERVIN, JJ., concur.THOMAS, J., dissents with opinion.THORNAL, C. J., dissents and agrees with THOMAS, J.
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