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eBook details

• Title: E. Harley Cawthon v. Phillips Petroleum Company
• Author : Second District Court of Appeal of Florida
• Release Date : January 23, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The subject matter of this appeal is identical to that of a companion case, Solitro v. State, Case No. 4113, 165 So.2d 225, dismissed this day, and the briefs in the latter are used at the request of counsel for both the State and the defendant in the instant case. Some confusion arises in the statement of facts in appellants brief in Case No. 4113 to this effect: "The appellant was brought to trial upon an information in four counts. The court during the progress of the trial required the prosecution to elect as between the four counts and the prosecution elected to proceed on count No. 3, to which count the jury returned a verdict of guilty of aggravated assault." Actually, the court reporters transcript of the trial proceedings shows that the lower court required the State to elect upon which of the counts he would rely. The State elected count No. 2 and the jury verdict found the defendant guilty of a lesser included charge of aggravated assault under count No. 2 of the Information. The trial judge sentenced the defendant on this charge. The same error appears in the transcript of record of Case No. 4824. While the defendant was sentenced to the crime of aggravated assault as had been charged in the Information and the judge adjudged him to be guilty of said crime, he was, in fact, convicted under the second count. We requested the Clerk of the Criminal Court of Record of Orange County to furnish this court with a corrected copy of the sentence which copy shows that Solitro was convicted of aggravated assault.

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