State Florida v. Freddie Lee Pitts and Wilbert Lee - First District. District Court of Appeal of Florida

State Florida v. Freddie Lee Pitts and Wilbert Lee

By First District. District Court of Appeal of Florida

  • Release Date: 1970-12-03
  • Genre: Law

Description

The erudite opinion of now Chief Justice Adkins in State v. Anderson, 270 So.2d 353 (Fla.1972), ably amplified Brown and correctly placed a matter of the kind here involved in Browns "category (4)" offenses "which may or may not be included in the offense charged, depending upon, (a) the accusatory pleading, and (b) the evidence at the trial." Brown, p. 383. Specifically, Justice Adkins was there dealing with the necessity that the accusatory pleading include the lesser offense in order for it to be invoked as "category (4)" of Brown, just as Brown expressly provides, but he also refers at page 357 of Anderson to the necessity, which Brown set forth as its twin predicate, to-wit, that evidence also must be present to support a verdict when he states: (p. 357)