BURKHEAD v. STATE

No. 67-37.

206 So.2d 690 (1968)

Donald Lee BURKHEAD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

February 13, 1968.


Attorney(s) appearing for the Case

Matthews, Mandina & Lipsky, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.


CHARLES CARROLL, Chief Judge.

The appellant was tried on an indictment for rape. A jury found him guilt of assault with intent to commit rape. Adjudication of guilt was entered thereon and a sentence of six months to twenty years' confinement was imposed.

On this appeal by the defendant a number of contentions are made. One is that the trial judge committed reversible error by failing to give a jury charge on assault and battery as a lesser included offense...

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