PARKER v. STATE

No. 74-1294.

330 So.2d 148 (1976)

Webb PARKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 1976.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Harold H. Moore, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Acting Chief Judge.

Parker was charged with assault with intent to commit first degree murder; he was convicted of that crime after a jury trial and sentenced to 15 years imprisonment. He argues on appeal that the evidence of assault was legally insufficient and that the trial court erred in refusing to instruct on assault with intent to commit murder in the second degree.

At Parker's trial, Jessie Robinson testified that on the night of December 29...

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