Hodge v. State, 393 So. 2d 1188 (Fla. 3d DCA 1981). · Go Syfert
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Hodge v. State, 393 So. 2d 1188 (Fla. 3d DCA 1981). Cases Citing This Book View Copy Cite
6 citation events across 1 distinct court.
Strongest positive: Williams v. State (fladistctapp, 1981-06-30)
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" Williams v. State
Fla. Dist. Ct. App. · 1981 · signal: accord · confidence high
An analysis of these cases reveals, we think, that the Florida rule is not, as Williams contends, that a failure to instruct on every element is fundamental error, but rather, as stated in Croft, supra, at 158 So. 455 , that “a charge attempting to define the offense which does not cover material elements of the offense is necessarily misleading and prejudicial to the accused" [e. s.]; accord, Ingram v. State, supra, at 393 So.2d 1188 .
discussed Cited "see" Williams v. State
Fla. Dist. Ct. App. · 1981 · signal: accord · confidence high
An analysis of these cases reveals, we think, that the Florida rule is not, as Williams contends, that a failure to instruct on every element is fundamental error, but rather, as stated in Croft, supra, at 158 So. 455 , that "a charge attempting to define the offense which does not cover material elements of the offense is necessarily misleading and prejudicial to the accused" [e.s.]; accord, Ingram v. State, supra, at 393 So.2d 1188 .
Andrew HODGE
v.
The STATE of Florida
No. 79-873.
District Court of Appeal of Florida, Third District.
Feb 17, 1981.
393 So. 2d 1188
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender and David Kreider, Legal Intern, for appellant., Jim Smith, Atty. Gen. and Paul Mendel-son, Asst. Atty. Gen., for appellee.
Baskin, Hubbart, Schwartz.
Cited by 4 opinions  |  Published
PER CURIAM.

The appellant’s robbery conviction is reversed for a new trial because the trial judge erroneously denied a requested instruction that intent to deprive is an essential element of the crime. Bell v. State, 394 So.2d 979 (Fla.1981).