Hill v. State

Appeal brings for review judgment of conviction of the offense of grand larceny. The State relied entirely on circumstantial evidence for conviction. The trial court failed to instruct the jury as to the law applying where the State relies entirely on circumstantial evidence.

The State admits that the record shows this infirmity, but contends that the appellant is precluded by section 918.10 Fla. Statutes 1941 (same F.S.A.) from assigning such failure as error.

This section is applicable in some cases but we should hold that it should be held to apply in cases where defendant is deprived of a…