WILLIAM H. FORSYTHE, JR., PETITIONER,

v.

BETTY CARY, RESPONDENT

Citator

Cited By

• Peel v. State, 154 So. 2d 910 (Fla. 2d DCA 1963)
  …, unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects, and the grounds of his objection.” See Febre v. State, 1947, 158 Fla. 853, 30 So. 2d 367; Miller v. State, Fla.App. 1958, 102 So. 2d 737; Jackson v. State, Fla.App.1958, 107 So. 2d 247; and Williams v. State, Fla.App.1959, 109 So. 2d 379. Additional error is assigned by appellant upon the ground that the lower court erred in refusing to have appellant’s' testimony read to th'e juror…
• Williams v. State, 247 So. 2d 425 (Fla. 1971)
  ….Stat. § 918.10(4), F.S.A. provides that a party may not complain on appeal about a failure to give an instruction unless an objection has been made before the jury retires; see Pearsall v. State, 215 So. 2d 58 (1st D.C.A.Fla.1968); Miller v. State, 102 So. 2d 737 (1st D.C.A. Fla.1958). Whether failure to give an instruction can constitute fundamental error compelling a new trial in the interests of justice would depend upon the facts of the case. Compare Green v. State, 228 So. 2d 397 (2nd D.C.A.Fla.1969) wi…
• White v. State, 324 So. 2d 115 (Fla. 3d DCA 1975)
  …charges given by the court. Thereby, under Rule 3.390(d) RCrP, the contention on appeal of error for refusal to give such requested charge [*116] is not presentable here. Rayner v. State, Fla.App.1973, 286 So. 2d 604; Miller v. State, Fla.App. 1958, 102 So. 2d 737. Moreover the record reveals that the jury charges given by the court included and adequately covered that element of intent. Refusal to give a requested charge when it is covered by charges given has been held not to constitute error in decisions…

Authorities Cited

• Bartow Growers Processing Corp. v. Fla. Growers Processing Coop., 71 So. 2d 165 (Fla. 1954)
• Jones v. Johnson, 98 So. 2d 506 (Fla. 2d DCA 1957)