MICHAEL ANTHONY MCCRAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL ANTHONY MCCRAY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
480 So. 2d 217
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
A 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.
Reversed and remanded.
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Citator
Cited By
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Authorities Cited
- Williams v. State, 395 So. 2d 1236 (Fla. 4th DCA 1981)
- Hudson v. State, 408 So. 2d 224 (Fla. 4th DCA 1981)
- Hudson v. State, 381 So. 2d 344 (Fla. 3d DCA 1980)