Rucker v. State
350 So. 2d 811, 1977 Fla. App. LEXIS 16493
CourtDistrict Court of Appeal of Florida
DecidedOctober 11, 1977
DocketNo. 75-2274
StatusPublished
Cited by2 cases
This text of 350 So. 2d 811 (Rucker 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.
Bluebook
Rucker v. State, 350 So. 2d 811, 1977 Fla. App. LEXIS 16493 (Fla. Ct. App. 1977).
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]*812manual 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
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)
Cite This Page — Counsel Stack
Bluebook (online)
350 So. 2d 811, 1977 Fla. App. LEXIS 16493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-state-fladistctapp-1977.