Public-domain · open source
OpenJurist

345 So. 2d 755

Osborn v. State

District Court of Appeal of Florida · decided 1977-04-01

Relies on 324 So. 2d 630 - State v. White · 337 So. 2d 1014 - Irving v. State

Decided 1977-04-01

PER CURIAM.

¶1This is an appeal from a conviction of aggravated assault. Two points have been argued, but only one has merit.

¶2Appellant 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).

¶3REVERSED and REMANDED for a new trial.

ALDERMAN, ANSTEAD and LETTS, JJ., concur.
/345/so2d/755 · .json · Public domain