MARTIN v. STATE

No. V-53.

312 So.2d 525 (1975)

Robert Lee MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1975.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Gerry B. Rose, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Defendant-appellant was charged with aggravated assault and convicted of assault and battery. Defendant requested the trial court to give standard jury instruction 2.05 (aggravated assault) but the trial court refused. Instead, the trial court gave its own instruction on aggravated assault from which it omitted the element of "well founded fear of violence being done".

The trial court erred in refusing to give the requested standard instruction...

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