Smith v. State

1 Citing case

  1. State v. Smith

    240 So. 2d 807 (Fla. 1970)   Cited 66 times
    Reaffirming holding of Brown v. State, 206 So.2d 377 (Fla. 1968), that "a lesser included offense is one which may or may not be included in the offense charged depending on the Accusatory pleading and the evidence"

    ADKINS, Justice. By petition for certiorari, we have for review a decision of the District Court of Appeal, Fourth District (Smith v. State, 233 So.2d 870) which allegedly conflicts with a prior decision of this Court (Goswick v. State, 143 So.2d 817) on the same point of law. Fla. Const. art. V, ยง 4, F.S.A. An information was filed in the Court of Record of Broward County, Florida, charging that the defendant, Charles Kenneth Smith, et al., on a certain date,