Florida District Courts of Appeal, 1977

Osborn v. State

Florida District Courts of Appeal · Decided April 1, 1977 · No. 76-445 · Alderman, Anstead, Letts

345 So. 2d 755; 1977 Fla. App. LEXIS 15347 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

McCray v. State (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

ALDERMAN, ANSTEAD and LETTS, JJ., concur.

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