Lomax v. State

322 So.2d 650 (1975)

Gregory Lewis LOMAX, Appellant,

v.

STATE of Florida, Appellee.

No. 74-1089.

District Court of Appeal of Florida, Second District.

November 19, 1975.

James A. Gardner, Public Defender, Sarasota, and Ellen Condon, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Judge.

This case is another in a long line of cases which concern the effect of the failure to give a requested instruction on a lesser included offense.

On the night of March 28 the appellant was seen hanging…