Florida District Courts of Appeal, 1976

Lester v. State

Lester v. State
Florida District Courts of Appeal · Decided January 9, 1976 · Cross, Downey, Mager
325 So. 2d 13; 1976 Fla. App. LEXIS 15212 (Southern Reporter, Second Series)

Lester v. State

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and DOWNEY, JJ., concur. MAGER, J., dissents.

Dissenting Opinion

MAGER, Judge

(dissenting) :

Based upon the recent decision of the Supreme Court of Florida in Bennett v. State, Fla.1975, 316 So.2d 41, citing with approval Jones v. State, 200 So.2d 574 (Fla.App. 3rd, 1967), reversible error occurred in this case when the state introduced testimony that the accused, while in custody, remained silent in the face' of' an accusation of guilt of the crime for which he was arrested and charged. Accordingly, the judgment should be reversed and the cause remanded for a new trial.

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