Opinion

Brown v. State

252 So. 2d 842
1971 Fla. App. LEXIS 6074

Court: District Court of Appeal of Florida
Filed: Sep 21, 1971
Status: Published
Author: Barkdull
On the bench: Barkdull, Hendry, Pearson
Cited by: 2 cases
Authority: More cited than 25.1%

The opinion

BARKDULL, Judge

(concurring in part and dissenting in part).

I concur with the judgment rendered in the majority opinion. However, I dissent from that portion of the opinion which holds that Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 , is not applicable in a non-jury trial, and would recede from the prior opinion of this court in Brown v. State, Fla.App.1969, 223 So.2d 337 .

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