ANDERSON v. STATE

No. 70-477.

255 So.2d 550 (1971)

Randall ANDERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1971.


Attorney(s) appearing for the Case

Law Offices of Henry Gonzalez, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


McNULTY, Judge.

We consider this day the troublesome and recurring question of when, in a criminal case, the defendant's requested jury instruction on a lesser included offense should be given when such lesser offense is not necessarily included within the major offense charged.

Appellant was tried and convicted of a felony under an information which charged that he, Randall Anderson:

"... on the 30th day of December, 1969, in the County of...

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