ROBERT LEE JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in refusing to charge the jury on simple assault as a lesser included offense and in sustaining an objection to a hearsay question.
The defendant was convicted of robbery. During the trial, the defendant's attorney attempted to elicit testimony from the arresting officer regarding …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Robbery cases and more on FLexlaw
The defendant below was convicted of robbery. On appeal therefrom he contends the trial court erred by refusing to charge the jury on assault as a lesser included offense, and by sustaining an objection, on the ground of hearsay, to a certain question propounded to a witness. We find no reversible error, and affirm.
The court charged the jury on the offense of robbery, and upon the lesser included offenses of larceny, assault with intent to commit robbery, and assault and battery. On the evidence presented no error was committed by the trial court in not charging on simple assault. See Brown v. State, Fla.1971, 245 So.2d 68, 74-75; Delaine v. State, Fla.1971 (Case No. 39,464 not yet reported).
During testimony by the arresting officer, the defendant’s attorney asked the officer what time the complaining witness had told him the alleged robbery took place. The testimony sought to be elicited *47thereby was inadmissible under the hearsay rule, and was properly excluded. See Har-rolle v. State, Fla.App.1970, 235 So.2d 44, 45.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mobley v. State, 327 So. 2d 900 (Fla. 3d DCA 1976)…tructions in accordance with Rule 3.510, Florida Rules of Criminal Procedure, 34 F.S.A., while the former are discretionary depending upon the evidence presented at trial. See DeLaine v. State, Fla.1972, 262 So. 2d 655; Jones v. State, Fla.App.1971, 256 So. 2d 46; and Sadler v. State, Fla. App.1969, 222 So. 2d 797. In the instant appeal, appellant requested the trial court to give a jury instruction for breaking and entering which included the lesser offense of trespass. This request was based upon the Flor…
Authorities Cited
- Brown v. State, 245 So. 2d 68 (Fla. 1971)
- Parker v. State, 235 So. 2d 44 (Fla. 3d DCA 1970)