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WHITE v. STATE

No. T-111.

299 So.2d 143 (1974)

Gregory Edward WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1974.

Attorney(s) appearing for the Case

David Roth of Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

HOWELL, CHARLES COOK, Jr., Associate Judge.

In defending against this appeal taken by Gregory Edward White from the judgment convicting him of the crime of aggravated assault, the State has escaped Scylla, only to be engulfed by Charybdis.

The jury was not (as White is here contending they should have been) instructed on the lesser included offenses under that of aggravated assault; but both parties below "agreed...

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