Legal Opinion

Showers v. State

District Court of Appeal of Florida

Decided November 29, 1978No. 77-312PublishedCited by 1 opinion

1Opinion of the Court

GRIMES, Chief Judge.

This appeal involves the application of the rule of sequestration of witnesses.

Appellant was charged with assault with intent to commit first-degree murder. At the conclusion of the state’s case the following occurred:

MR. MCCARTHY: Your Honor, before the jury returns my client has requested or would like to call Calvin Hightower to the stand. It’s my understanding that the rule is invoked. I invoked it. He informed me that he wanted to call Mr. Hightower at the recess. I am asking the indulgence of the Court to allow us to call him as a witness.

MR. PICKARD: The State would…

2Cases cited3 opinions

  1. Dumas v. StateSupreme Court of Florida · 1977
  2. Powers v. StateDistrict Court of Appeal of Florida · 1969
  3. Atkinson v. StateDistrict Court of Appeal of Florida · 1975

3Cited by1 opinion

  1. Lear v. StateDistrict Court of Appeal of Florida · 1985

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