MASON v. STATE

No. 90-1071.

584 So.2d 165 (1991)

Alexander MASON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 12, 1991.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Appellant, Alexander Mason, appeals his battery conviction, arguing that the trial court erred in giving the jury a confusing and irrelevant instruction. We find that reversible error did occur.

The appellant was originally charged with the aggravated battery of both Jay Catches and Duke Cook, and proceeded to jury trial. The trial testimony indicated that Catches was standing in his yard when he heard two neighbors, appellant and

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