Public-domain · open source
OpenJurist

480 So. 2d 217

480 So.2d 217

11 Fla.L.Weekly 67

McCray v. State

District Court of Appeal of Florida

Decided December 24, 1985

District Court of Appeal of Florida · decided 1985-12-24

Cited by 1 later decisions — most recently July 1990

1 state decisions

Relies on 395 So. 2d 1236 - Williams v. State · 408 So. 2d 224 - Hudson v. State · 381 So. 2d 344 - Hudson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-24

View the full empirical analysis of this case →

PER CURIAM.

¶1A failure to give a requested jury instruction, prior to the jury retiring, on the law applicable to the theory of the defense, constitutes error if there is evidence introduced to support the instruction. Hudson v. State, 408 So.2d 224 (Fla. 4th DCA 1981); Williams v. State, 395 So.2d 1236 (Fla. 4th DCA 1981); Hudson v. State, 381 So.2d 344 (Fla. 3d DCA 1980). Therefore we reverse the verdict, adjudication and sentence under review and remand for a new trial.

¶2Reversed and remanded.

/480/so2d/217 · .json · Public domain