KENNY SUTTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dobbert v. State, 328 So. 2d 433 (Fla. 1976)
  …justifiable and excusable homicide, and was further instructed: “If you return a verdict of guilty, it should be for the highest offense which has been proved beyond a reasonable doubt.” We agree with Justice Drew’s rationale in Spigner v. State, 304 So. 2d 496 (Fla.App. 1, 1974), and find its application most appropriate to the instant cause. Therein, he held, in pertinent part, as follows: “The record here shows that the trial judge charged the jury on: 1) murder in the second degree; 2) murder in the t…
• Mitchell v. State, 321 So. 2d 108 (Fla. 1st DCA 1975)
  …ions such as that found in Turner v. State, Fla.App. (1st), 314 So. 2d 183, opinion filed June 16, 1975 (as brought out in the special concurring opinion). Appellant in his reply brief cites this court’s opinion in Spigner v. State, Fla.App. (1st), 304 So. 2d 496. In that opinion, this court stated that it was error (though there held to be harmless) for the trial judge in that first degree murder trial not to have instructed upon requested charges for attempt and assault with intent to commit the crime char…
• Dane Craig Garrison v. State, 340 So. 2d 1171 (Fla. 4th DCA 1976)
  …ly established the crimes charged. From the line of cases discussed above one could reasonably conclude that the giving of a requested instruction on attempt, pursuant to Fla.R.Crim.P. 3.510, was mandatory. However, in the case of Spigner v. State, 304 So. 2d 496 (Fla. 1st DCA 1974), Justice Drew, sitting as an Associate Judge of the District Court of Appeal, First District, applied the rationale of the Supreme Court in DeLaine v. State, 262 So. 2d 655 (Fla.1972) to bring into play the harmless error statute…