Albano v. State

89 So.2d 342 (1956)

Phillip ALBANO, Appellant,

v.

STATE of Florida, Appellee.

Supreme Court of Florida. En Banc.

September 7, 1956.

Frank Ragano and Edward I. Cutler, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., and Moie J.L. Tendrich, Asst. Atty. Gen., for appellee.

THORNAL, Justice.

Appellant Albano seeks reversal of a judgment of conviction entered pursuant to the verdict of the jury finding him guilty of violations of the lottery laws.

The questions to be determined are whether the trial judge properly allowed evidence to the effect that while in custody the appellant remained silent when…