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200 So. 2d 636

Williams v. State

District Court of Appeal of Florida · decided 1967-06-16

Cited by 1 later decisions — most recently November 1967

Relies on Russ v. State · 104 So. 2d 524 - Gordon v. State · 67 So. 2d 321 - Way v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1967-06-16

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CROSS, Judge

¶1(dissenting).

¶2I respectfully dissent. I am impelled to the conclusion that to' allow the defendant’s conviction to stand would create a direct and irreconcilable conflict with the cases applying F.S.A. § 918.09 prohibiting comment by the prosecuting attorney to the jury for failure of the defendant to testify. King v. State, Fla.1962, 143 So.2d 458; Diecidue v. State, Fla.1961, 131 So.2d 7; Gordon v. State, Fla.1958, 104 So.2d 524; Trafficante v. State, Fla.1957, 92 So.2d 811; Way v. State, Fla.1953, 67 So.2d 321; Jones v. State, Fla.App.1967, 197 So.2d 308; Flaherty v. State, Fla.App.1966, 183 So.2d 607; Singleton v. State, Fla.App.1966, 183 So.2d 245.

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