BENJAMIN GELLER AND GERTRUDE GELLER, HIS WIFE, AND BENJAMIN GELLER, DOING BUSINESS AS SPIC AND SPAN LAUNDRY AND DRY CLEANERS,
v.
FRANK SMIK

Fla. | 1947-07-01
THOMAS, C. J., TERRELL and CHAPMAN, JJ., and WILLIAMS, Associate Justice, concur.
159 Fla. 223 Florida Supreme Court (1947) Caution
Also reported at: 31 So. 2d 274
Cited by 2 cases
Opinion of the Court
PER CURIAM:

*224PER CURIAM:

The record and the briefs have been examined and the judgment appealed from is affirmed on authority of Johnson et ux, v. Killian et ux. 157 Fla. 754, 27 So. 2nd 345.

Affirmed.

THOMAS, C. J., TERRELL and CHAPMAN, JJ., and WILLIAMS, Associate Justice, concur.

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  • Holmes v. State, 181 So. 2d 586 (Fla. 3d DCA 1965)
    …tituted error. The Supreme Court of Florida has specifically held that notwithstanding the language of § 918.10 (1), Fla.Stat., F.S.A., it is not mandatory on the trial court to give instructions as to the penalty. See: Cason v. State, 159 Fla. 294, 31 So. 2d 274; Simmons v. State, 160 Fla. 626, 36 So. 2d 207. Particularly is this so when no such instruction was requested by the defendant. See: White v. State, [*587] Fla.App.1960, 122 So. 2d 340; Peel v. State, Fla.App.1963, 154 So. 2d 910. Therefore, the c…
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