ABREAU v. STATE

No. 76-570.

347 So.2d 819 (1977)

Jesus N. ABREAU, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 6, 1977.


Attorney(s) appearing for the Case

Kogen & Kogan and Geoffrey C. Fleck, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., and Harold E. Rosenfeld, Legal Intern, for appellee.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.


HUBBART, Judge.

This is a criminal prosecution for the offense of assault with intent to commit first degree murder. The defendant was convicted as charged and appeals. We reverse.

The major issue presented for review is whether it is reversible error for a trial court to refuse to instruct a jury upon request by defense counsel as to the lesser offense of assault in a prosecution for assault with intent to commit murder. We hold that assault is a necessarily...

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