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EVANS v. STATE

No. 74-479.

303 So.2d 68 (1974)

Melvin Anthony EVANS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 10, 1975.

Attorney(s) appearing for the Case

Lurie & Capuano, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PEARSON, Judge.

A jury found the appellant guilty of assault with intent to commit murder and following adjudication and sentence, this appeal was taken. The main thrust of the appeal is that the court erred in giving Standard Jury Instruction 2.19, which is sometimes called a "modified Allen Charge." Appellant urges that the giving of the charge under the circumstances of this case with an additional instruction to the jury...

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