YOUNG v. STATE

No. 942.

203 So.2d 650 (1967)

Robert E. YOUNG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

November 14, 1967.


Attorney(s) appearing for the Case

Jack J. Taffer, of Engle & Pollack and Jack J. Taffer, Miami, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, Fred T. Gallagher, Asst. Atty. Gen., Vero Beach, for appellee.


CROSS, Judge.

The defendant-appellant, Robert E. Young, by information was charged with the offense of breaking and entering with the intent to commit a felony, tried and convicted by a jury, adjudged guilty by the court with imposition of sentence. It is from this judgment and sentence the defendant appeals.

The primary thrust of defendant's appeal attacks as erroneous the giving of the following jury instruction:

"I further instruct you, that where...

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