268 So. 2d 575 | Fla. Dist. Ct. App. | 1972
The defendant, Pablo Montes Garcia, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of aggravated assault.
One of the grounds argued by appellant for reversal is that the trial court erred in admitting into evidence a shirt worn by the victim and not listed on the state’s bill of particulars nor made known to the defendant until it was offered into evidence.
Appellant had made a timely motion for a statement of particulars and for discovery but the shirt was not listed as evidence to be used by the state.
The judgment appealed is reversed with directions to grant the defendant a new trial.
It is so ordered.