MID-STATES INSURANCE COMPANY, APPELLANT,

v.

JAMES D. AVERY, APPELLEE

Citator

Cited By

• State v. Terry, 336 So. 2d 65 (Fla. 1976)
  …ficient evidence to instruct the jury on the major offense of assault with intent to commit murder in the first degree, he should have instructed the jury on the necessarily included lesser offense of bare assault. Petitioner cites Rafuse v. State, 209 So. 2d 260 (Fla.App. 1st 1968) for the proposition that the trial court properly declined Respondent’s request that the jury be instructed on the offenses of assault and battery, and bare assault. In Rafuse, the First District Court of Appeal relied upon Tanne…
• Anderson v. State, 255 So. 2d 550 (Fla. 2d DCA 1971)
  …143 So. 2d 817. . (Fla.1970), 240 So. 2d 807. . The real issue in G-oswick was whether a substantially undisputed battery was in fact committed with a “deadly weapon,” which is essential to the higher offense. See, Rafuse v. State (Fla.App.1968), 209 So. 2d 260. . See, State v. Smith, n. 4, supra, at p. 809. . Indeed, Goswick was cited with approval by that court since Smith and as late as last month. See, Delaine et al. v. State, Fla.Sup.Ct. opinion filed November 10, 1971. . The appeal, being from a m…
• Hammer v. State, 343 So. 2d 856 (Fla. 1st DCA 1976)
  …29 (Fla.1975). . Silver v. State, 174 So. 2d 91 (1 Fla.App.1965). . Johnson v. State, 173 So. 2d 487 (1 Fla.App.1965). . Hand v. State, 188 So. 2d 364 (1 Fla.App.1966). . Brown v. State, 191 So. 2d 296 (1 Fla.App.1966). See also Rafuse v. State, 209 So. 2d 260 (1 Fla.App.1968), cert. den: 214 So. 2d 626 (Fla.); and Terry v. State, 302 So. 2d 142 (1 Fla.App.1974). that the evidence was not susceptible of the inference by the jury that the larceny was accomplished without force. . Thus, the Supreme Court b…

Authorities Cited

• Fred Howland, Inc. v. Morris, 143 Fla. 189 (Fla. 1940)
• Wagman v. Lefcoe, 143 So. 2d 550 (Fla. 3d DCA 1962)