Legal Opinion

Tyndall v. State

District Court of Appeal of Florida

Decided April 15, 1970No. 69-425PublishedCited by 3 opinions

1Opinion of the Court

OWEN, Judge.

Appellant, an eighteen-year-old high school senior, was charged with the possession of marijuana, found guilty by a jury, and sentenced to two years in the state prison.

Upon a full review of the trial record we conclude that certain comments made by the court in the presence of the jury deprived the appellant of a fair trial, and that the interest of justice will best be served by remanding the cause for a new trial. See Carr v. State, Fla.App.1962, 136 So.2d 28.

Appellant had been driving his car when he was stopped by police officers for a traffic violation. Upon the officers…

2Cases cited5 opinions

  1. Baisden v. StateDistrict Court of Appeal of Florida · 1967
  2. Robinson v. StateDistrict Court of Appeal of Florida · 1964
  3. Mathews v. StateSupreme Court of Florida · 1950
  4. Carr v. StateDistrict Court of Appeal of Florida · 1962
  5. Bethel v. StateSupreme Court of Florida · 1936

3Cited by3 opinions

  1. Johnson v. StateCourt of Appeals of Maryland · 1999
  2. Wilkerson v. StateDistrict Court of Appeal of Florida · 1987
  3. London v. StateDistrict Court of Appeal of Florida · 2013

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