Legal Opinion

Powell v. State

District Court of Appeal of Florida

Decided March 19, 1968No. 811PublishedCited by 3 opinions

1Opinion of the Court

WHITE, JOSEPH S., Associate Judge.

Appellant was tried and convicted on an information charging murder in the second degree. H was represented by a public defender throughout the trial.

Two questions are argued on this appeal. The first is:

“The trial court erred in failing to declare a mistrial or to strike the testimony of the witness Marie Hill, of its own motion, when it appeared that Mrs. Hill constantly referred to the victim as her husband, throughout her testimony.”

A similar question was before this court in Wolfe v. State, Fla.App.1967, 202 So.2d 133.

In the case at bar deceased’s widow…

2Cases cited2 opinions

  1. Wolfe v. StateDistrict Court of Appeal of Florida · 1967
  2. Fitzgerald v. StateDistrict Court of Appeal of Florida · 1967

3Cited by3 opinions

  1. Wheelis v. StateDistrict Court of Appeal of Florida · 1976
  2. Barrett v. StateDistrict Court of Appeal of Florida · 1972
  3. Russell v. WainwrightDistrict Court of Appeal of Florida · 1972

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