ALICEA v. STATE

No. 79-1909.

392 So.2d 960 (1980)

Edwin ALICEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 11, 1981.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Chief Judge.

The defendant here was found guilty of first degree murder. He complains on appeal that the theory of the State's case was really felony murder and that reversible error was committed when the judge failed to instruct the jury on the elements of the underlying felony. We affirm.

The facts reveal that the victim, who was known to carry large sums of money on his person, rode with the defendant in his auto out to the farm where they both...

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