MARSHALL v. STATE

No. 85-165.

529 So.2d 797 (1988)

Brindley MARSHALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

The defendant appeals from a conviction of attempted murder in the second degree, a lesser-included offense of attempted murder in the first degree, the charge contained in the information. He contends that the trial court's refusal to instruct the jury, upon his request, on the lesser-included offense of attempted manslaughter resulted in his being deprived of a potential jury pardon. We agree with the defendant and reverse and remand for...

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