Lesser Included Offense

3,833 Florida cases classified under this topic · sorted by citation count

• Bailey v. State
  237 So. 2d 54· Fla. 1st DCA· 1970-07-09
• Davis v. United States
  433 F.2d 1222· D.C. Cir.· 1970-06-30
  The court held that the evidence was sufficient to support a robbery conviction and that the trial court did not err in its rulings on the legality of the search, the sufficiency of the evidence, the refusal to instruct on a lesser included offense, or the use of prior conviction
• United States v. Williams
  428 F.2d 365· 9th Cir.· 1970-06-19
  The court held that the jury instructions given were proper and did not constitute plain error.
• Harrolle v. State
  235 So. 2d 44· Fla. 3d DCA· 1970-05-05
  Appellant Harrolle was charged with assault with intent to commit murder but convicted of the lesser-included offense of aggravated assault and sentenced to three years in prison. The court affirmed his conviction, rejecting arguments that the information was defective and that t
• Lindsey v. State
  230 So. 2d 689· Fla. 2d DCA· 1970-01-21
  Frank Lindsey appealed his conviction for breaking and entering with intent to commit larceny, challenging the sufficiency of the information charging him and the trial judge's failure to explicitly instruct the jury they could return a not guilty verdict. The appellate court aff
• Ozzie Anderson v. State
  230 So. 2d 39· Fla. 3d DCA· 1970-01-06
  The court held that the trial court did not err in instructing the jury on a relevant statute and that sufficient evidence supported the jury's verdict.
• Williams v. State
  227 So. 2d 692· Fla. 2d DCA· 1969-11-07
  Nathaniel Williams appealed the denial of his post-conviction relief motion, challenging his 1955 armed robbery conviction on grounds that the trial judge failed to instruct the jury on lesser included offenses and that his counsel failed to inform him of his appeal rights. The c
• Celester Brown v. State
  226 So. 2d 870· Fla. 3d DCA· 1969-10-07
  The appellate court affirmed the defendant's convictions but remanded the case to correct a discrepancy between the oral pronouncement of judgment and the written judgment, and to allow the trial judge to reconsider the sentence on one count.
• United States v. Agofsky
  411 F.2d 1013· 4th Cir.· 1969-06-23
  The court held that a lesser included offense instruction is only proper if the greater offense requires a disputed factual element not present in the lesser offense.
• Braswell v. United States
  417 F.2d 545· D.C. Cir.· 1969-05-20
  The court held that the conviction for assault with intent to commit robbery must be reversed due to a lack of evidence of intent to rob.
• State v. Schell
  211 So. 2d 581· Fla. 2d DCA· 1968-06-14
  Florida appealed the suppression of evidence in a gambling felony prosecution after the defendant was convicted of the lesser misdemeanor of bookmaking. The court held that bookmaking is not a lesser included offense of maintaining a gambling house, thus the double jeopardy bar d
• Rafuse v. State
  209 So. 2d 260· Fla. 1st DCA· 1968-04-23
  The trial court did not err in refusing to instruct the jury on the lesser included offense of assault and battery when the evidence established the use of a deadly weapon and thus lacked an evidentiary basis for the lesser offense.
• Campbell v. State
  206 So. 2d 647· Fla. 1st DCA· 1968-02-13
  A trial court must instruct the jury on lesser included offenses if requested, and an oral request is sufficient if a written request would be a useless gesture.
• McCULLERS v. State
  206 So. 2d 30· Fla. 4th DCA· 1968-01-17
  George McCullers was charged with manslaughter by culpable negligence in a vehicular collision but was convicted of the lesser offense of aggravated assault. On appeal, he challenged whether aggravated assault is a lesser included offense of manslaughter, and the court held it is
• Siekman v. State
  198 So. 2d 352· Fla. 2d DCA· 1967-05-05
  Richard Siekman was convicted of aggravated assault after being identified by Mrs. Butts as a man who displayed a knife during a roadside encounter. On appeal, Siekman challenged the jury instruction on 'deadly weapon' and complained the jury was not instructed on lesser-included
• Bradney v. State
  197 So. 2d 299· Fla.· 1967-04-07
• Toler v. State
  193 So. 2d 651· Fla. 1st DCA· 1967-01-05
  The appellate court affirmed the conviction for robbery, holding that the trial court did not err by failing to instruct the jury on larceny as a lesser included offense because the defendant did not preserve the issue for appeal and the evidence clearly established robbery.
• Little v. State
  192 So. 2d 793· Fla. 1st DCA· 1966-12-15
  Robert Owen Little appeals his conviction for robbery, challenging the trial court's refusal to instruct the jury on lesser included offenses of grand and petit larceny, and arguing the evidence was insufficient to prove guilt beyond a reasonable doubt. The appellate court affirm
• Carlisle v. State
  186 So. 2d 529· Fla. 1st DCA· 1966-05-05
  E.J. Carlisle was convicted by jury of aggravated assault after being charged with assault with intent to commit murder in the first degree. On appeal, he challenged the trial court's jury instructions on the presumption of innocence and lesser included offenses, but the appellat
• State of Fla. ex rel. Frankie Lee Glenn v. The Honorable Edward S. Klein
  184 So. 2d 904· Fla. 3d DCA· 1966-03-22
  The Florida District Court of Appeal held that a defendant cannot be prosecuted for robbery after being convicted of manslaughter (a lesser included offense of first-degree murder) arising from the same criminal episode, as this would violate the Double Jeopardy Clause of the Flo
• Greenfield v. United States
  341 F.2d 411· D.C. Cir.· 1964-12-17
  The court held that the trial court erred in refusing to instruct the jury on simple assault as a lesser included offense when the evidence could support a finding that the weapon was not dangerous.
• Richardson v. United States
  338 F.2d 552· D.C. Cir.· 1964-10-29
  The court held that the trial judge's charge reflecting the conceded fact that the defendant's blows caused the decedent's death was not reversible error, nor was the submission of manslaughter as a lesser included offense.
• Young v. State
  160 So. 2d 719· Fla. 3d DCA· 1964-02-04
  Robert Young was convicted of breaking and entering with intent to commit a misdemeanor after being found inside a laundromat in the early morning hours. Young appealed arguing the trial court erred in allowing the state to reopen its case to establish ownership of the premises a
• Williams v. United States
  321 F.2d 744· D.C. Cir.· 1963-05-10
  The court held that while jury instructions on circumstantial evidence could have been more precise, they did not constitute plain error requiring reversal.
• Radcliff v. Cochran
  128 So. 2d 131· Fla.· 1961-03-22
  Robert Radcliff petitioned for habeas corpus after pleading guilty to accessory after the fact, a charge not contained in the original information alleging breaking and entering with intent to commit a misdemeanor. The Florida Supreme Court found that accessory after the fact is
• Burke v. United States
  282 F.2d 763· 9th Cir.· 1960-09-15
  The court held that a general intent to cause harm, not a specific intent to inflict bodily injury, is a material element of assault with a dangerous weapon under Alaska law.
• State v. Howell
  15 Fla. Supp. 163· Dade Cty. Cir. Ct.· 1959-12-14
• Reid Collett v. State
  100 So. 2d 657· Fla. 3d DCA· 1957-11-29
  The court held that the evidence was sufficient to sustain the verdict and that the claim of newly discovered evidence did not meet the legal requirements for a new trial.
• The United States v. Doyle
  246 F.2d 418· 7th Cir.· 1957-06-21
  The court affirmed the denial of the motion to correct sentence, as the Supreme Court's decision resolved the petitioner's contentions.
• United States v. Hoover
  233 F.2d 870· 3d Cir.· 1956-05-29
  The court held that the indictment sufficiently charged tax evasion under Section 145(b) by alleging affirmative acts, venue was proper, cross-examination was not prejudicially limited, and refusal to instruct on a lesser included misdemeanor was correct.
• Walden v. State
  83 So. 2d 111· Fla.· 1955-11-02
  The Florida Supreme Court reversed a conviction and sentence where the trial court adjudged the defendant guilty of burglary despite a jury verdict of guilty for the lesser offense of breaking and entering with intent to commit petty larceny. The court held that a trial court can
• Crawford v. United States
  214 F.2d 313· 6th Cir.· 1954-06-08
  The court held that transporting a stolen motor vehicle in interstate commerce and receiving or concealing a stolen motor vehicle moving in interstate commerce are separate offenses.
• Wrublewski v. McINERNEY
  166 F.2d 243· 9th Cir.· 1948-02-25
  The court held that the petitioner was not subjected to double jeopardy because the acquittal of assault with intent to commit murder was not a bar to a subsequent prosecution for manslaughter.