Morrison v. State

CARROLL, Judge.

The appellant, David Albert Morrison and one William Francis Kimmons were charged by information with attempted armed robbery in violation of §§ 776.04 and 813.011 Fla.Stat., F.S.A. Morrison was convicted by a jury of the offense charged and sentenced to five years at hard labor in the state penitentiary. Appealing therefrom he contends the trial court committed error by including in the charges to the jury a charge on aggravated assault as a lesser included offense; by denying a motion to suppress identification testimony; and by denying a motion to exclude a state witness.

The…