FRANK v. STATE

No. 2399.

237 So.2d 823 (1970)

William A. FRANK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 29, 1970.


Attorney(s) appearing for the Case

F. Hartselle Baker and Hubert W. Williams, of Robertson & Williams, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

CROSS, C.J., and McCAIN, J., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Justice (dissenting):

I respectfully dissent because I believe the evidence was sufficient to require the trial court to instruct the jury as to the provision found in Section 782.02(2) (b), F.S. 1967, F.S.A. The instruction was not given, although there were sufficient facts and inferences as to allow the jury to find that the defendant...

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