STATE OF FLORIDA, PETITIONER,

v.

CHARLIE WILLIAM COLE, RESPONDENT

Citator

Cited By (43 total)

• Brown v. State, 206 So. 2d 377 (Fla. 1968)
  …have adjudicated in one trial all aspects of a criminal charge arising out of one transaction. Similarly, it protects a defendant against a “splitting of accusa [*383] tions” with resultant multitudinous prosecutions and trials. See, Hand v. State, 199 So. 2d 100 (Fla.1967). (4) OFFENSES WHICH MAY BE INCLUDED. Section 919.16, makes provision for offenses which are necessarily included in the offense charged. It is applicable to that group of offenses which includes lesser offenses as essential elements. Thi…
• In re the USE BY the Trial Courts OF the Standard Jury Instructions IN Crim. Cases & the Standard Jury Instructions in Misdemeanor Cases, 431 So. 2d 594 (Fla. 1981)
  …ded offenses from four to two categories. Such a practice, I believe, will result in taking “a most critical eviden-tiary matter from the proper province of the jury and vesting] it improperly as a matter of law with the trial judge.” Hand v. State, 199 So. 2d 100, 102 (Fla.1967); see Lomax v. State, 345 So. 2d 719 (Fla.1977). To distinguish between “ample evidence to support a guilty verdict on the higher offense” on the one hand and a “total lack of evidence of the lesser offense” on the other simply is not…
• Lomax v. State, 345 So. 2d 719 (Fla. 1977)
  …o instruct on lesser-included offenses when that court is of the opinion that, based upon the evidence adduced at trial, no reasonable jury could infer that the crime charged was not in fact committed. This proposition was rejected in Hand v. State, 199 So. 2d 100 (Fla.1967). In that case this Court stated: “In our opinion such judicial determination at trial level obviously takes a most critical evidentiary matter from the proper province of the jury and vests it improperly as a matter of law with the trial…