Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided May 15, 1969No. 2427PublishedCited by 4 opinions

1Per curiam

The defendant-appellant raises on appeal matters not contained in the record on appeal pertaining to evidence that was allegedly not disclosed by the prosecution during the time of the trial. Under the authority of McMann v. State, Fla.1951, 55 So.2d 538, and Johnson v. Town of Eatonville, Fla.App.1967, 203 So.2d 664, we are barred from reviewing any matter on appeal that is not made a part of the record on appeal. It would be completely improper for an appellate court to retry criminal cases on the appellate level from matters outside the record on appeal and we adhere to the established…

2Cases cited1 opinion

  1. Johnson v. Town of EatonvilleDistrict Court of Appeal of Florida · 1967

3Cited by4 opinions

  1. Comer v. StateDistrict Court of Appeal of Florida · 1975
  2. Abascal v. StateDistrict Court of Appeal of Florida · 1977
  3. McEachin v. StateDistrict Court of Appeal of Florida · 1979
  4. Thomas v. StateDistrict Court of Appeal of Florida · 1973

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