ALBERT LEE ANDERSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Palmes v. State, 397 So. 2d 648 (Fla. 1981)
  …So. 2d 373 (Fla. 1st DCA 1974); Stiglitz v. State, 270 So. 2d 410 (Fla. 4th DCA 1972), justifiable homicide, Stinson v. State, 245 So. 2d 688 (Fla. 1st DCA 1971); Whitehead v. State, 245 So. 2d 94 (Fla. 2d DCA 1971), and withdrawal, Laythe v. State, 330 So. 2d 113 (Fla. 3d DCA), cert. denied, 339 So. 2d 1172 (Fla.1976). All these defenses concern either the defendants’ innocence or their legal excuse in committing a crime. None of them entail the commission of a crime other than the one charged in the indictm…
• Mellins v. State, 395 So. 2d 1207 (Fla. 4th DCA 1981)
  …uctions on the law. Frazee v. State, 320 So. 2d 462 (Fla. 3d DCA 1975). The law is very clear that the court, if timely requested, as here, must give instructions on legal issues for which there exists a foundation in the evidence. Laythe v. State, 330 So. 2d 113 (Fla. 3d DCA 1976). It is not a sufficient refutation of appellant’s argument to suggest that her counsel’s summation sufficiently apprised the jury of the effect of intoxication on the scienter required to support the charge to relieve the Court o…
• LEE v. State, 368 So. 2d 395 (Fla. 3d DCA 1979)
  …the trial was lawful or not. The trial court’s denial of the requested instruction on this issue was thus a prej- [*398] udicially erroneous3 failure to charge on a theory of defense supported by an acceptable view of the evidence. Laythe v. State, 330 So. 2d 113 (Fla.3d DCA 1976), cert. denied, 339 So. 2d 1172 (Fla.1976); Williams v. State, 356 So. 2d 46 (Fla.2d DCA 1978). In the ordinary case, such a finding of error in the jury charges would result in a new trial at which correct instructions would be gi…

Authorities Cited

• Dara v. State, 278 So. 2d 334 (Fla. 3d DCA 1973)