Legal Opinion · Dissent

Clements v. State

District Court of Appeal of Florida

Decided October 19, 1973No. 72-480Published

1DissentWalden, Judge

Robbery: life sentence. Defendant appeals. Different from the majority, I would reverse for new trial.

Police Officer Davis, per State direction, read into evidence before the jury, as a critical matter of identification, a minute and detailed description of the robbers. The material so read was the report of another, Officer Arcuni, and solely prepared by him. Officer Arcuni was the first officer on the robbery scene and the descriptions read from the report were a composite or conglomerate of the word descriptions given by eye witnesses to Officer Ar-cuni — not to Officer Davis, as he was…

2Cases cited1 opinion

  1. Allen v. StateDistrict Court of Appeal of Florida · 1971

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