Ricks v. State
This text of 224 So. 2d 413 (Ricks 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.
Opinion
As to appellant’s first point on appeal regarding whether sufficient evi-[414]*4144ence existed to support the trial court’s finding that the assault appellant was convicted for was committed with a deadly weapon, this question is one for the trier of fact. Blitch v. State, Fla.App.1967, 194 So.2d 1. As to appellant’s second point on appeal, that the proof adduced at trial was materially at variance with the information by virtue of the fact that the information charged the appellant with assaulting his victim by use of a brick, whereas proof at trial tended to show that the assault was committed with a rock, we find this contention to be without merit.
Affirmed.
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Cite This Page — Counsel Stack
224 So. 2d 413, 1969 Fla. App. LEXIS 5529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-state-fladistctapp-1969.