Legal Opinion

Henry v. State

District Court of Appeal of Florida

Decided September 27, 1977No. Nos. 76-1432 and 76-1433PublishedCited by 4 opinions

1Opinion of the Court

DOWNEY, Judge.

Appellant was indicted for first degree murder as a result of the death of two girls. The jury found appellant guilty as charged and the court sentenced him to two concurrent life terms.

Appellant poses three points for consideration on appeal, only one of which we find warrants discussion. The appellate point referred to states that the trial court “erred in refusing to give a complete and adequate charge when reinstructing the jury, at its request, on the degrees of homicide.”

Initially, the jury was properly instructed on all degrees of unlawful homicide. After the jury retired…

2Cases cited5 opinions

  1. Hysler v. StateSupreme Court of Florida · 1923
  2. Stills v. StateDistrict Court of Appeal of Florida · 1973
  3. Jackson v. StateDistrict Court of Appeal of Florida · 1975
  4. Brown v. StateDistrict Court of Appeal of Florida · 1974
  5. Martin v. StateDistrict Court of Appeal of Florida · 1974

3Cited by4 opinions

  1. Henry v. StateSupreme Court of Florida · 1978
  2. Kiley v. StateDistrict Court of Appeal of Florida · 1978
  3. Harris v. StateDistrict Court of Appeal of Florida · 1977
  4. Young v. StateDistrict Court of Appeal of Florida · 1977

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