BATTLE v. STATE

No. 73-431.

292 So.2d 594 (1974)

John BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 1974.


Attorney(s) appearing for the Case

Morris W. Milton of Minnis, Williams & Milton, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and Baya Harrison, III, Asst. Atty. Gen., Tampa, for appellee.


NANCE, L. CLAYTON, Associate Judge.

Defendant-Appellant was convicted by a Jury of Aggravated Assault upon a school teacher by fracturing his skull with one blow, using a hard wooden paddle as a deadly weapon.

Appellant cites as error, denial of a directed verdict on the grounds that the State failed to prove a material element of the offense, i.e., "a well founded fear" of violence or imminent peril on the part of the victim, who Appellant asserts to have...

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