Van Gallon v. State

50 So.2d 882 (1951)

VAN GALLON

v.

STATE.

Supreme Court of Florida, Division A.

February 23, 1951.

Hubbard & Carr, Miami, and Watkins & Cohen, Tallahassee, for appellant.

Richard W. Ervin, Atty. Gen., and Murray Sams, Jr., Asst. Atty. Gen., for appellee.

THOMAS, Justice.

At the trial of appellant, which culminated in a judgment of his guilt of murder in the second degree, the court allowed in evidence the written statement of the state's principal witness, made soon after the fatal shooting, although the witness was then present and testifying. The question arises whether the effect of the ruling was…