Ex Parte Cason

Writ denied. Because we find no error to reverse with respect to the trial court's failure to instruct the jury on the lesser included offense of criminally negligent homicide, this writ is denied. A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers,240 U.S. 251, 36 S.Ct. 269, 60 L.Ed. 629 (1916).

As we understand the opinion of the Court of Criminal Appeals, 515 So.2d 721, that court applied the "harmless error" rule to the trial court's failure to instruct the jury on…