Smith v. State

McCAIN, Judge.

Petitioner seeks certiorari from the circuit court’s affirmance of his appeal from conviction in the court of record. We grant certiorari.

Petitioner, with others, was charged by information with conspiracy to commit first degree murder. The jury found him guilty of conspiracy to commit assault and battery.

Petitioner now questions the verdict, judgment thereon and the propriety of the trial judge giving an instruction applicable to the verdict rendered by the jury, notwithstanding his failure to object to the instruction when given.

Construing fundamental error in one being found…