Legal Opinion

Anderson v. State

District Court of Appeal of Florida

Decided December 3, 1971No. 70-477PublishedCited by 9 opinions

1Opinion of the Court

255 So.2d 550 (1971)

Randall ANDERSON, Appellant,

v.

The STATE of Florida, Appellee.

No. 70-477.

District Court of Appeal of Florida, Second District.

December 3, 1971.

Law Offices of Henry Gonzalez, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

McNULTY, Judge.

We consider this day the troublesome and recurring question of when, in a criminal case, the defendant's requested jury instruction on a lesser included offense should be given when such lesser offense is not necessarily included within the major offense charged.

Ap…

2Cases cited16 opinions

  1. Johnson v. New JerseySupreme Court of the United States · 1966
  2. Brown v. StateSupreme Court of Florida · 1968
  3. Sanford v. RubinSupreme Court of Florida · 1970
  4. Goswick v. StateSupreme Court of Florida · 1962
  5. State v. SmithSupreme Court of Florida · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. AndersonSupreme Court of Florida · 1972
  2. Wilson v. StateDistrict Court of Appeal of Florida · 1972
  3. Miles v. StateDistrict Court of Appeal of Florida · 1972
  4. Willcox v. StateDistrict Court of Appeal of Florida · 1972
  5. Logan v. StateDistrict Court of Appeal of Florida · 1972

4 more not listed; retrieve them via the Exa API.

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