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64 So. 2d 271

Shields v. State

Supreme Court of Florida

Decided March 31, 1953

Supreme Court of Florida · decided 1953-03-31

Good law ✅— No negative treatment on recordhow we know

Decided 1953-03-31

How this case has been cited

Cited by 6 later decisions — most recently July 1979

6 state decisions

30195319601970decided

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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ROBERTS, Justice.

¶1The appellant was indicted on a charge of first degree murder and was convicted of second degree murder. He has appealed from the judgment of conviction.

¶2The appellant here contends, among others, that the trial judge erred in admitting in evidence the testimony of a State’s witness whose name had not appeared on a list of witnesses furnished to the appellant by the State in advance of the trial. The list had been furnished in compliance with an order of the-trial judge, entered upon the motion of appellant, to furnish to the appellant “a full and complete list of witnesses to be used by the State” and to keep such list up to date.

¶3The record shows that, at the trial of the cause, the State called as a witness one Dr. Wardell E. Stanfield, to which testimony counsel for the appellant objected on the ground that Dr. Stanfield's name was not on the witness list. Counsel for the appellant admitted that he had received notice at 10:00 o’clock that morning that the State intended to call this witness; he did not ask for a continuance in order to interrogate the witness; nor did he make it appear that he had not had an opportunity to examine the witness subsequent to his actual notice that the witness would be called, had he desired to do so; in fact, he made no showing whatsoever that he would be prejudiced in any way by allowing this witness to testify. He contended only that the witness should not be permitted to testify since his name was not on the list and since he had had “no substantial notice of this witness being called.” The trial judge overruled his objection and permitted the witness to testify, and the appellant here contends that this was error.

¶4Our statute, Section 906.29, Florida Statutes, F.S.A., provides that “It shall not be necessary to indorse on any indictment or information the names of the witnesses on whose evidence the same is based, but upon motion of defendant, the court shall order the prosecuting attorney to furnish the names of such witnesses.” While it would appear that, upon the motion of the accused, a trial judge should require the State to supply a list of the witnesses upon whose evidence an indictment or information is based, there is nothing in our statutes which requires a trial judge to order the State to furnish “a full and complete list of witnesses to be *272used by the State, as was done in the instant case. The trial judge exercised his judicial discretion in so ordering. At the trial, he determined that permitting Dr. Stanfield to testify would not be in violation of his order, and we know of no one in a better position than he to make this determination.

¶5The other questions argued by the counsel for appellant have been considered, and no error has been found.

¶6For the reasons stated, the judgment appealed from should be and it is hereby

¶7Affirmed.

THOMAS, HOBSON and DREW, JJ., concur.
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