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McNichols v. StateMcNichols v. State

District Court of Appeal of Florida
Jun 19, 1973
72-892
Reporters:
Before:
Barkdull, Pearson, Charles Carroll (per curiam)

PER CURIAM.

The appellant has alleged prejudicial error in his trial because of the trial judge‘s refusal to allow a question to prospective jurors on voir dire examination. He relies upon the holding of the Supreme Court of Florida in Pinder v. State, 27 Fla. 370, 8 So. 837 (1891), and the rulings of the Supreme Court of the United States in Aldridge v. United States, 283 U.S. 308, 51 S.Ct. 470, 75 L.Ed. 1054 (1931), and Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973).

The State has confessed error and waived oral argument. We have examined the record before us and find that the cited authorities are applicable. We therefore reverse the judgment and sentence and remand the cause for a new trial.

Reversed and remanded.

Case Details

Case Name: McNichols v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 19, 1973
Citations: 279 So. 2d 377; 72-892
Docket Number: 72-892
Court Abbreviation: Fla. Dist. Ct. App.
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