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CARVER v. STATE

No. CC-283.

344 So.2d 1328 (1977)

Bobby CARVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 29, 1977.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.

RAWLS, Judge.

The two points posed by appellant, viz:

The Trial Court Prejudicially Erred in Refusing to Instruct the Jury on the Necessarily Included Lesser Offenses of Assault, Battery, and Assault and Battery. The Trial Court Prejudicially Erred in Overruling Appellant's Objections to the Hearsay Testimony of Robert Carver and in Permitting Said Testimony to be Presented to the Jury Under the Res Gestae Exception.

are meritorious; thus, the judgment...

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