Kelly v. State

334 So.2d 128 (1976)

George Michael KELLY, Appellant,

v.

STATE of Florida, Appellee.

No. 75-696.

District Court of Appeal of Florida, Second District.

June 23, 1976.

Jack O. Johnson, Public Defender, and Dan P. Brawley, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

Appellant raises several points on this timely appeal. After due consideration of the record we find only one merits discussion.

At the conclusion of the state's case appellant moved for judgments of acquittal as to Counts V and VI of the…