Henderson v. State

District Court of Appeal of Florida

Henderson v. State

332 So. 2d 30, 1976 Fla. App. LEXIS 14338

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 1976

DocketNo. Z-115

StatusPublished

Cited by2 cases

This text of 332 So. 2d 30 (Henderson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Henderson v. State, 332 So. 2d 30, 1976 Fla. App. LEXIS 14338 (Fla. Ct. App. 1976).

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Opinion

.SMITH, Judge.

Appellant Henderson, who when apprehended at the scene of a break-in possessed a substantial quantity of stolen goods, was tried jointly with Thomas E. Reynolds whose appeal was also decided today. Reynolds v. State, 332 So.2d 27 (Fla.App. 1st, 1976). Henderson complains, as did Reynolds, of the trial court’s failure to repeat the court’s charge on the presumption of innocence when, as requested by the jury, he recharged on the State’s burden of proof. The evidence of Henderson’s guilt was overwhelming and the court’s failure to repeat all portions of the requested charge was harmless to Henderson. DeLaine v. State, 262 So.2d 655 (Fla.1972); Mathews v. State, 221 So.2d 431 (Fla.App.2d, 1969).

AFFIRMED.

RAWLS, Acting C. J., and MILLS, J., concur.

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.SMITH, Judge.

Appellant Henderson, who when apprehended at the scene of a break-in possessed a substantial quantity of stolen goods, was tried jointly with Thomas E. Reynolds whose appeal was also decided today. Reynolds v. State, 332 So.2d 27 (Fla.App. 1st, 1976). Henderson complains, as did Reynolds, of the trial court’s failure to repeat the court’s charge on the presumption of innocence when, as requested by the jury, he recharged on the State’s burden of proof. The evidence of Henderson’s guilt was overwhelming and the court’s failure to repeat all portions of the requested charge was harmless to Henderson. DeLaine v. State, 262 So.2d 655 (Fla.1972); Mathews v. State, 221 So.2d 431 (Fla.App.2d, 1969).

AFFIRMED.

RAWLS, Acting C. J., and MILLS, J., concur.

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332 So. 2d 30, 1976 Fla. App. LEXIS 14338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-fladistctapp-1976.

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