Grace v. State

Citations

• 78 Fla. 486
• 83 So. 271

Syllabus

<p>1. Where the record does not exhibit the entire charge given to the jury, the appellate court cannot say that the trial court erred in refusing to give a specific charge requested by the defendant.</p> <p>2. Upon an indictment for (an assault with intent to commit murder in the first degree, if the evidence would be sufficient ■ to sustain a conviction of assault with intent to commit murder in either the first or the second degree, a finding of guilt of an assault to commit murder in the third degree is permissible under the statutes.</p>