Miller v. State

The defendant below appeals from his adjudication and sentence in the trial court. He was found guilty, after a non-jury trial, of entering a building without breaking, with the intent to commit grand larceny and of petit larceny.

He claims reversible error in that testimony was introduced, over his objection, that a riot was in progress at the time of the incident for which he was arrested. The defendant was not charged with being a rioter.

Under the factual circumstances of this case, the testimony that a riot was in progress was relevant and admissible. See Feldman v. State, Fla.App.1968,…