CLARK v. STATE

No. 74-1143.

318 So.2d 487 (1975)

Melvin T. CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 12, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David E. Horvath, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Defendant appeals from his conviction of aggravated assault. We affirm because no reversible error has been shown. However, we do take this opportunity to discuss appellant's first point, that fear on the part of the victim (which the State failed to prove) is an essential element of the offense for which he was convicted.

Appellant recognizes that the Second, Third, and Fourth District Courts of Appeal have all determined that putting the victim...

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