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McCRAY v. STATE

No. 84-1344.

480 So.2d 217 (1985)

Michael Anthony McCRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rick S. Cullen, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Carolyn M. Snurkowski, and Michael Neiman, Asst. Attys. Gen., for appellee.

Before BARKDULL, HENDRY and FERGUSON, JJ.

PER CURIAM.

A failure to give a requested jury instruction, prior to the jury retiring, on the law applicable to the theory of the defense, constitutes error if there is evidence introduced to support the instruction. Hudson v. State, 408 So.2d 224 (Fla. 4th DCA 1981); Williams v. State, 395 So.2d 1236 (Fla. 4th DCA 1981); Hudson v. State, 381 So.2d 344

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