WILLIAM GEORGE BROGE, ET AL., PETITIONERS,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990)
  …2d DCA) (evidence was insufficient to support aggravated assault conviction where facts showed that defendant, who was leaving a supermarket following a robbery with a gun in his hand, dropped the gun when ordered to do so by police), cert. denied, 295 So. 2d 302 (Fla.1974). [*36] Cf. State v. Wilson, 276 So. 2d 45 (Fla.1973) (facts showing defendant held pistol on victims in such a manner as to threaten the victims with violence supported instruction for assault). Because appellant’s conduct constituted ne…
• Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988)
  …ar that “the mere intention or opportunity to commit an assault is not enough; there must be some overt act sufficient to demonstrate a threat directed at the person placed in fear.” Battles v. State, 288 So. 2d 573, 576 (Fla. 2d DCA), cert, denied, 295 So. 2d 302 (Fla.1974). The state’s argument in this case does no more than point out that the defendant could have committed an assault or battery; the state is unable to point to a single overt act by the defendant that constitutes a threat to do violence or…
• Murray v. State, 425 So. 2d 157 (Fla. 4th DCA 1983)
  …nce on the one hand or intemperate conduct on the other. One cannot successfully prosecute without fire in the belly nor with its misuse. DELL and WALDEN, JJ., concur. . In contrast, see Broge v. State, 288 So. 2d 280 (Fla. 4th DCA), cert. denied, 295 So. 2d 302 (Fla.), cert. denied, 419 U.S. 845, 95 S.Ct. 79, 42 L.Ed.2d 74 (1974), wherein defense counsel’s most abusive comments provoked a restrained remark by the prosecutor which was held to be fair rebuttal. . See Dukes v. State, 356 So. 2d 873, 875-76 (…

Authorities Cited

• Broge v. State, 288 So. 2d 280 (Fla. 4th DCA 1974)