Florida District Courts of Appeal, 1973

Marion v. State

Florida District Courts of Appeal · Decided October 12, 1973 · Cross, Mager, Walden

283 So. 2d 566; 1973 Fla. App. LEXIS 6652 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and MAGER, JJ., concur. WALDEN, J., dissents, with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting):

I respectfully dissent because I think that this is yet again an instance of an impermissible and prejudicial over-kill by the prosecution under the guise of Williams v. State, Fla.1957, 110 So.2d 654.

I would reverse and remand for a new trial to be conducted without reference to the other robberies.

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