Osborn v. State
Osborn v. State
345 So. 2d 755; 1977 Fla. App. LEXIS 15347
(Southern Reporter, Second Series)
Osborn v. State
Opinion of the Court
This is an appeal from a conviction of aggravated assault. Two points have been argued, but only one has merit.
Appellant specifically requested that the trial judge charge the jury on attempted aggravated assault. The triál court refused this request, on the theory that no such crime existed. This was reversible error. State v. White, 324 So.2d 630 (Fla. 1975); Irving v. State, 337 So.2d 1014 (Fla.2d DCA 1976).
REVERSED and REMANDED for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.