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208 So. 2d 852

Brady v. State

District Court of Appeal of Florida · decided 1968-04-16

Cited by 1 later decisions — most recently March 1969

1 state decisions

Relies on Prince v. Aucilla River Naval Stores Co. · Willoughby v. State · 201 So. 2d 484 - Hinton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-04-16

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PER CURIAM.

¶1Appellant, Donald Joseph Brady, was charged by a two count information with larceny of an automobile and using a vehicle without the owner’s consent. He pleaded not guilty and waived jury trial. Upon trial he was found guilty of larceny of an automobile as charged in count 1 and not guilty as to count 2. A sentence of eighteen months in the state penitentiary was imposed by the court.

¶2Appellant contends on appeal that (1) the court erred in denying his motion for mistrial which was made after a witness was questioned concerning the defendant’s being on federal probation; and (2) he was denied a fair trial in that neither he nor his counsel were afforded the right to present the final argument at the close of all the evidence.

¶3We have carefully considered appellant’s contentions in the light of the briefs, arguments of counsel and the record on appeal and find them to be without substantial merit. Prince v. Aucilla River Naval Stores Co., 103 Fla. 605, 137 So. 886 (1931); Willoughby v. State, Fla.App.1967, 203 So.2d 10; Williams v. State, Fla.App.1967, 201 So.2d 484.

¶4Affirmed.

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