Henderson v. State

District Court of Appeal of Florida

Decided April 30, 1976

District Court of Appeal of Florida · decided 1976-04-30

Relies on 262 So. 2d 655 - DeLaine v. State · 221 So. 2d 431 - Mathews v. State · Castle v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-04-30

How this case has been cited

Cited by 7 later decisions — most recently September 1994

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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.SMITH, Judge.

¶1Appellant Henderson, who when apprehended at the scene of a break-in possessed a substantial quantity of stolen goods, was tried jointly with Thomas E. Reynolds whose appeal was also decided today. Reynolds v. State, 332 So.2d 27 (Fla.App. 1st, 1976). Henderson complains, as did Reynolds, of the trial court’s failure to repeat the court’s charge on the presumption of innocence when, as requested by the jury, he recharged on the State’s burden of proof. The evidence of Henderson’s guilt was overwhelming and the court’s failure to repeat all portions of the requested charge was harmless to Henderson. DeLaine v. State, 262 So.2d 655 (Fla.1972); Mathews v. State, 221 So.2d 431 (Fla.App.2d, 1969).

¶2AFFIRMED.

RAWLS, Acting C. J., and MILLS, J., concur.