Miller v. State

District Court of Appeal of Florida

Miller v. State

232 So. 2d 62, 1970 Fla. App. LEXIS 6759

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 1970

DocketNo. 69-105

StatusPublished

This text of 232 So. 2d 62 (Miller v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miller v. State, 232 So. 2d 62, 1970 Fla. App. LEXIS 6759 (Fla. Ct. App. 1970).

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PER CURIAM.

Appellant’s sole point argued on the appeal is that his arrest for a misdemeanor, having been made without a warrant, was unlawful and thereby justified appellant in the use of violence in resisting such arrest. This point must be decided adversely to appellant because there is in the record substantial competent evidence to support the trial court’s finding that appellant was lawfully arrested on fresh pursuit after committing the misdemeanor of reckless driving in the presence of the arresting officer. Crum v. State, Fla.App.1965, 172 So.2d 24. F.S.1967, Section 901.15(1), F.S.A.

Affirmed.

OWEN, J., and ADAMS, ALTO, Associate Judge, concur. McCAIN, J., dissents, with opinion.

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PER CURIAM.

Appellant’s sole point argued on the appeal is that his arrest for a misdemeanor, having been made without a warrant, was unlawful and thereby justified appellant in the use of violence in resisting such arrest. This point must be decided adversely to appellant because there is in the record substantial competent evidence to support the trial court’s finding that appellant was lawfully arrested on fresh pursuit after committing the misdemeanor of reckless driving in the presence of the arresting officer. Crum v. State, Fla.App.1965, 172 So.2d 24. F.S.1967, Section 901.15(1), F.S.A.

Affirmed.

OWEN, J., and ADAMS, ALTO, Associate Judge, concur. McCAIN, J., dissents, with opinion.

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232 So. 2d 62, 1970 Fla. App. LEXIS 6759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1970.

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