Rucker v. State
350 So. 2d 811, 1977 Fla. App. LEXIS 16493
District Court of Appeal of Florida·Decided October 11, 1977·No. No. 75-2274·Published·Cited by 2 cases
Opinion
The conviction and sentence relating to aggravated assault are herewith affirmed.
The conviction and sentence relating to carrying a pistol without a permit is hereby reversed upon the authority of Jenkins v. State of Florida, opinion issued August 2, 1977 (4th DCA), 349 So.2d 1191, wherein the Court stated:
Jenkins was also charged with carrying a concealed weapon. He claims error by the trial court in instructing the jury that [812] manual possession of a pistol without a license was a lesser included offense. We agree. Manual possession of a firearm without a license is not a necessarily included lesser offense of carrying a concealed weapon.
Free access — add to your briefcase to read the full text and ask questions with AI
Rucker v. State, 350 So. 2d 811, 1977 Fla. App. LEXIS 16493 (Fla. Ct. App. 1977).
350 So. 2d 811 (Rucker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Ford v. State
484 So. 2d 104 (District Court of Appeal of Florida, 1986)
Stefano v. State
377 So. 2d 751 (District Court of Appeal of Florida, 1979)