DEY v. STATE

Nos. 5559, 5560.

182 So.2d 266 (1966)

Johnny James DEY, Appellant, v. STATE of Florida, Appellee. Charles Tinsley FOWINKLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

January 28, 1966.


Attorney(s) appearing for the Case

William Lamar Rose, Fort Myers, for appellants.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert G. Stokes, Asst. Atty. Gen., Lakeland, for appellee.


LILES, Acting Chief Judge.

This is an appeal by two defendants, Johnny James Dey and Charles Tinsley Fowinkle, who were convicted of Aggravated Assault. The defendants were tried together in the lower court and their cases have been consolidated on appeal.

The complaining witness, William Grace, III, was entertaining a group of friends at his home in Fort Myers on New Year's Eve. At some time during the evening, he went out to the breezeway of the Grace home...

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