CHARLES WILLIAM GRANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Overbreadth Challenge cases and more on FLexlaw
ENGLAND, Justice.
Charles Grant was tried by a jury and convicted of battering another person in violation of Section 784.03(l)(a), Florida Statutes (1975).1 His challenge to the constitutionality of the statute, as violating due process of law on the grounds of over-breadth and vagueness, brings his conviction and sentence here for review.2
We find no merit in Grant’s arguments concerning the validity of the battery statute, and we find no infirmity in his trial. The evidence was more than adequate to support the jury’s verdict. Grant’s conviction and sentence are affirmed.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. . “A person commits battery if he [a]ctually and intentionally touches or strikes another person against the will of the other
. Art. V, § 3(b)(1), Fla.Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (201 total)
-
Pope v. State, 679 So. 2d 710 (Fla. 1996)…emoved from the crime for which Pope was convicted. Any error is presumed harmless because “[w]here the omitted instruction relates to an offense two or more steps removed ... reviewing courts may properly find such error harmless.” State v. Abreau, 363 So. 2d 1063, 1064 (Fla.1978). We find that the trial judge did not commit error, but had we found error we would find it to be harmless in this instance. We likewise find that the court did not commit error by refusing to instruct the jury on battery and aggra…
-
Bush v. State, 461 So. 2d 936 (Fla. 1984)…[*941] ... [or] kidnapping _” Section 782.-04(4), Florida Statutes (1981) (emphasis supplied). Since the jury found Bush guilty of both kidnapping and robbery, failure to instruct on third-degree murder is at most harmless. See also State v. Abreau, 363 So. 2d 1063, 1064 (Fla.1978). SENTENCING In point seven Bush raises a variety of objections relative to the constitutionality of the Florida capital sentencing statute. Each of his contentions has been previously addressed and we do not deem it necessary to r…
-
Haygood v. State, 109 So. 3d 735 (Fla. 2013)…le and excusable homicide as part of the manslaughter instruction always” results in fundamental and per se reversible error, “regardless of whether the evidence could support a finding of either justifiable or excusable homicide”); State v. Abreau, 363 So. 2d 1063, 1064 (Fla.1978) (relying on need for jury to be given “a fair opportunity to exercise its inherent ‘pardon’ power by returning a verdict of guilty as to the next lower crime” to support holding that “failure to instruct on the next immediate lesser…
Previewing 3 of 201 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence