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Ricks v. State

District Court of Appeal of Florida, Third District
Jul 1, 1969
224 So. 2d 413 (Fla. Dist. Ct. App. 1969)

Summary

In Ricks v. State, 224 So.2d 413, 414 (Fla.App. 1969), the court, in a per curiam decision, found no merit in the defendant's claim of a material variance in the information where he was charged with assault with a deadly Weapon, a brick, and the proof tended to show the assault was committed with a rock.

Summary of this case from State v. Killenger

Opinion

No. 69-120.

July 1, 1969.

Appeal from the Criminal Court of Record, Dade County, Carling Stedman, J.

Robert L. Koeppel, Public Defender, and Gregory B. Hoppenstand, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and SWANN, JJ.


As to appellant's first point on appeal regarding whether sufficient evidence existed to support the trial court's finding that the assault appellant was convicted for was committed with a deadly weapon, this question is one for the trier of fact. Blitch v. State, Fla.App. 1967, 194 So.2d 1. As to appellant's second point on appeal, that the proof adduced at trial was materially at variance with the information by virtue of the fact that the information charged the appellant with assaulting his victim by use of a brick, whereas proof at trial tended to show that the assault was committed with a rock, we find this contention to be without merit.

Affirmed.


Summaries of

Ricks v. State

District Court of Appeal of Florida, Third District
Jul 1, 1969
224 So. 2d 413 (Fla. Dist. Ct. App. 1969)

In Ricks v. State, 224 So.2d 413, 414 (Fla.App. 1969), the court, in a per curiam decision, found no merit in the defendant's claim of a material variance in the information where he was charged with assault with a deadly Weapon, a brick, and the proof tended to show the assault was committed with a rock.

Summary of this case from State v. Killenger
Case details for

Ricks v. State

Case Details

Full title:ARTHUR RICKS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 1, 1969

Citations

224 So. 2d 413 (Fla. Dist. Ct. App. 1969)

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