HOLLOWAY v. STATE

No. 77-1521.

362 So.2d 333 (1978)

Eugene HOLLOWAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 14, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender and Andrew Rosen, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen. and William M. Grodnick, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and KEHOE, JJ.


HUBBART, Judge.

The central issue presented for review by this appeal is whether it constitutes reversible error in a criminal case, in which the defendant is charged with first degree murder, for the trial court to refuse to instruct the jury, over objection by defense counsel, on the lesser offenses of second degree murder, third degree murder and manslaughter where the statute of limitations has run on all such lesser offenses. We hold that no such reversible error...

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