
    Thomas R. FLINCHUM, Appellant, v. STATE of Florida, Appellee.
    No. Z-474.
    District Court of Appeal of Florida, First District.
    Nov. 19, 1976.
    Rehearing Denied Dec. 22, 1976.
    Joe C. Miller, II, of Miller, Perry & Miller, Palatka, Dan R. Warren of Judge & Warren, Daytona Beach, for appellant.
    Robert L. Shevin, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.
   PER CURIAM.

AFFIRMED.

BOYER, C. J., and SMITH, J., concur.

MILLS, J., dissents.

MILLS, J.,

dissents:

I dissent. In my judgment, the remarks made by the trial court during the examination of witnesses for the defendant were prejudicial and as a result the defendant was denied a fair trial.

I would reverse and remand for a new trial.  