GILFORD v. STATE

No. 72-1023.

281 So.2d 919 (1973)

Benjamin F. GILFORD and Alan E. Schaffer, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 21, 1973.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Elliott C. Metcalfe, Jr., Asst. Public Defender, Bradenton, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellants, Benjamin F. Gilford and Alan E. Schaffer, appeal from a conviction after jury trial of the crime of breaking and entering with intent to commit a felony, to wit: grand larceny, in violation of Florida Statutes, Section 810.02, F.S.A.

The only significant, arguable point raised by appellants is that the trial judge committed reversible error by failing to instruct the jury upon request timely made by counsel for appellants on the lesser...

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