Wolfe v. State

Direct conflict is asserted for review by certiorari of the decision of the Third District Court of Appeal at 256 So.2d 533 (Fla.App.3d 1972) with our holdings in Henderson v. State, 20 So.2d 649 (Fla.1945); Rader v. State, 52 So.2d 105 (Fla.1951), and Bolen v. State, 103 Fla. 22, 137 So. 8 (1931). Fla.Const, art. V, § 4(2), F.S.A.

We find conflict with Henderson wherein we used language directed to an instruction which we stated “invaded the province of the jury to the extent of taking from it the determination of every element of the offense charged except that of the intent of the accused.”…