THEODUS B. MCFARLIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Jollie v. State, 405 So. 2d 418 (Fla. 1981)
  …o. 2d 111 (Fla. 5th DCA 1980), a majority of the panel court concluded that this Court’s rule on requested instructions was mandatory. A contrary view had been expressed by a panel of judges in the First District Court of Appeal in Tascano v. State, 363 So. 2d 405 (Fla. 1st DCA 1978). Despite their conclusion on the mandatory nature of the rule, however, the panel majority in Murray affirmed his conviction on the ground that the failure to give requested instructions in his situation was harmless error. Judge…
• Tascano v. State, 393 So. 2d 540 (Fla. 1980)
  …ADKINS, Justice. This cause is here on petition for writ of certiorari supported by a certificate of the District Court of Appeal, First District, that its decision reported in 363 So. 2d 405 is one which involves a question of great public interest. See art. V, § 3(b)(3), Fla. Const. The trial court denied defendant’s request that the jury be instructed on the penalty as authorized by Florida Rule of Criminal Procedure 3.390(a). The di…
• Murray v. State, 403 So. 2d 417 (Fla. 1981)
  …ri we have for review a decision of the District Court of Appeal, Fifth District (Murray v. State, 378 So. 2d 111) (Fla. 5th DCA 1980), which allegedly conflicts with the decision of the District Court of Appeal, First District, in Tascano v. State, 363 So. 2d 405 (Fla. 1st DCA 1978), on the same point of law. The defendant, (petitioner here), was charged with aggravated battery and entered a plea of not guilty. At the conclusion of the evidence in a trial by jury the defendant requested the court to instruc…