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WHITTEN v. STATE

No. T-400.

296 So.2d 63 (1974)

James WHITTEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 25, 1974.

Attorney(s) appearing for the Case

H. Randolph Fallin of Millar, Fallin & Lally, Jacksonville, for appellant.

Robert L Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed on authority of State v. Washington, 268 So.2d 901 (Fla. 1972).

SPECTOR, Acting C.J., and McCORD, J., concur.

BOYER, J., dissents.

BOYER, Judge (dissenting).

I respectfully dissent.

Appellant was tried on two counts of assault to murder and one count of armed robbery. At the close of the evidence he specifically requested that the jury not be instructed on lesser included...

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