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IRVING v. STATE

No. 75-716.

337 So.2d 1014 (1976)

Richard P. IRVING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 27, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Robert H. Grizzard, II, Asst. Public Defender, and Thomas A. Pobjecky, Research Asst., Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Judge.

On this appeal we discuss the requirement under RCrP 3.510 for a trial judge to instruct a jury on "attempts" and "lesser included offenses."

Appellant Irving was charged by information with two counts of aggravated assault and one count of carrying a concealed weapon, arising out of an incident which occurred at the Tarpon Bar in St. Petersburg on November 24, 1974. He was tried by jury, found guilty of one count of aggravated assault and of...

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