State v. Levine

The State appeals from an order granting the appellee a new trial after a finding that the appellee was guilty of two charges of unlawful sale of central nervous system stimulants. Since the transcript of the testimony at the trial is not included in the record before us, we must rely upon the trial judge’s evaluation of that testimony. He found as follows:

“(1) These consolidated cases had been previously called for trial in May 19X1, at which time the State of Florida requested a continuance of the trial on the ground that one of its witnesses was unavailable and that the State intended to…