HERMAN v. STATE

No. 71-924.

275 So.2d 264 (1973)

John Edward HERMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 1973.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

In his appeal from a conviction of second degree murder the defendant assigns as error the refusal of the trial court to charge the jury upon the offense of manslaughter as a lesser degree of homicide and upon the offense of aggravated assault as a lesser included offense as requested by the defendant.

Based upon the clear language of Rule 3.490, FRCrP, 33 F.S.A. (former Section 919.14, F.S.), the recent decisions interpreting crimes divisible...

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