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GOSWICK v. STATE

No. 31669.

143 So.2d 817 (1962)

Henry Grady GOSWICK, Petitioner, v. The STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 13, 1962.

Attorney(s) appearing for the Case

Fuller Warren, Carey, Goodman, Terry, Dwyer & Austin and Angus M. Stephens, Jr., Miami, for petitioner.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., for respondent.

THORNAL, Justice.

By petition for a writ of certiorari we are requested to review a decision of the District Court of Appeal, Third District, because of an alleged conflict with a prior decision of this Court on the same point of law. See Goswick v. State, Fla.App., 137 So.2d 863.

We must determine whether a jury instruction on assault and battery should have been given in a trial where the defendant was charged with the...

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