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KIMBROUGH v. STATE

No. 76-1511.

356 So.2d 1294 (1978)

Chester KIMBROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Larry S. Weaver, Asst. Public Defender, and Joseph R. Atterbury, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Anthony J. Golden, and Charles A. Stampelos, Asst. Attys. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The appellant was charged in Count I with attempted first degree murder with a firearm under Fla. Stat. 777.04(1), 777.04(4)(a) and 782.04(1)(a). He was convicted of attempted murder in the second degree and assigns as error, the trial court's refusal to also instruct the jury on the offenses of aggravated assault, assault, aggravated battery, battery and culpable negligence, which he contends were lesser included offenses of attempted murder. We agree...

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