MATTHEW EDWARDS AND GENT GREEN, JR., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
MATTHEW EDWARDS AND GENT GREEN, JR., APPELLANTS,
STATE OF FLORIDA, APPELLEE
275 So. 2d 265
Florida District Court of Appeal, Fourth District (1973)
Opinion of the Court
Defendants-appellants were charged with and convicted of conspiracy to commit a felony, to wit, robbery. Defendants contend the trial court erred by denying defendants’ requested instruction on conspiracy to commit a misdemeanor, to wit, petit larceny. Finding that defendants’ requests were properly made and should have been granted under the decision and for the reasons set forth in Brown v. State, Fla.1968, 206 So.2d 377, we reverse and remand for a new trial. See Sprinkle v. State, Fla.App.1967, 203 So.2d 48; King v. State, Fla.1957, 104 So.2d 730; see also F. S. Section 833.05, F.S.A.
Reversed.
REED, C. J., and OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- King v. State, 104 So. 2d 730 (Fla. 1957)
- Sprinkle v. State, 203 So. 2d 48 (Fla. 1st DCA 1967)