Carlton v. State

Davis, C. J.-

-This is the second appearance of this case in this Court. See Carlton v. State, 108 Fla. 34, 145 Sou. Rep. 249. On the first writ of error we reversed the judgment because of an erroneous charge to the jury. Following a second conviction after remand of the first appeal we are again asked to reverse the judgment on two principal grounds: (1) alleged error in the admissibility of evidence alleged to have been obtained by an unconstitutional search of the defendant’s dwelling house; (2) alleged error in a charge to the jury concerning the effect of the accused’s failure to take…