Roach v. State, 241 So. 2d 742 (Fla. 3d DCA 1970). · Go Syfert
Search
Roach v. State, 241 So. 2d 742 (Fla. 3d DCA 1970). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Johnson v. State (fladistctapp, 1987-11-10)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Johnson v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
See White v. State, 377 So.2d 1149, 1150 (Fla.1979), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Smiley v. State, 395 So.2d 235, 237 (Fla. 1st DCA 1981); Wilson v. State, 305 So.2d 50, 52 (Fla. 3d DCA 1974); Newton v. State, 272 So.2d 15, 18 (Fla. 3d DCA), cert. denied, 278 So.2d 627 (Fla.1973), cert. denied, 414 U.S. 1157 , 94 S.Ct. 914 , 39 L.Ed.2d 109 (1974); Roach v. State, 241 So.2d 742, 742 (Fla. 3d DCA 1970).
Retrieving the full opinion text from the archive…
Herman ROACH
v.
The STATE of Florida
No. 70-408.
District Court of Appeal of Florida, Third District.
Dec 8, 1970.
241 So. 2d 742
Hughlan Long, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant., Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for ap-pellee.
Bark, Carroll, Dull, Pearson.
Cited by 1 opinion  |  Published
PER CURIAM.

The appellant in this case was charged by information with assault with intent to commit murder and the separate offense of improper exhibition of a firearm. He was tried by jury. Before the case went to the jury the court withdrew the second charge and granted acquittal thereof, and reduced the first charge to aggravated assault, of which offense the jury found the defendant guilty. His appeal from the judgment thereon challenges only the refusal of the court to grant a mistrial when the assistant state attorney, in closing argument, made reference to the fact that as a convicted felon he was not even entitled to possess a firearm. No error was committed in denying the motion for mistrial, because in the course of the trial while the defendant was testifying, the fact that he had been convicted of a felony was properly revealed.

Affirmed.