Hines v. State

RAWLS, Chief Judge.

By this appeal from a judgment of conviction and sentence for the offense of aggravated assault, Defendant, relying upon Section 918.09, Florida Statutes, F.S.A., contends that reversible error occurred during the trial of the cause when the prosecuting attorney interrogated him about his failure to testify at the preliminary hearing. We find that Defendant’s point is well taken.

Material excerpts of Defendant’s testimony on cross examination are:

“Q Well, did you attend a JP hearing on this particular case?

“A I did.

“Q And were you represented there by Mr. Jackson, your…