Kelly v. State

389 So.2d 250 (1980)

Eugene KELLY, Appellant,

v.

STATE of Florida, Appellee.

No. 79-2117.

District Court of Appeal of Florida, Second District.

September 24, 1980.

Rehearing Denied October 27, 1980.

Jack O. Johnson, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

Appellant was charged by information with aggravated battery. After the defense had rested, defense counsel requested the trial judge to instruct the jury on the…