Florida Statute 918.10 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 918
CONDUCT OF TRIAL

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F.S. 918.10

918.10 Charge to jury; request for instructions.—

(1) At the conclusion of argument of counsel, the court shall charge the jury. The charge shall be only on the law of the case and must include the penalty for the offense for which the accused is being charged.

(2) All charges to the jury shall be delivered orally and shall be taken by the court reporter, transcribed, and filed.

(3) At or after the close of the evidence, a party may file written requests that the court instruct the jury on the law as stated in the requests. The court shall inform counsel of its proposed action on the requests before their arguments to the jury.

History.—s. 215, ch. 19554, 1939; CGL 1940 Supp. 8663(223); s. 1, ch. 22775, 1945; s. 117, ch. 70-339.

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Amendments to 918.10

Annotations, Discussions, Cases:

Cases Citing Statute 918.10

Total Results: 110

Brown v. State

206 So. 2d 377

Supreme Court of Florida | Filed: Feb 20, 1968 | Docket: 1697062

Cited 276 times | Published

is dealt with in our discussion of Fla. Stat. § 918.10 (1965), F.S.A., infra. The quoted statutes suggest

Brown v. State

124 So. 2d 481

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 2520880

Cited 146 times | Published

urge the error for the first time on appeal. Section 918.10(4), Florida Statutes, F.S.A. We do not overlook

Simmons v. State

10 So. 2d 436, 151 Fla. 778, 1942 Fla. LEXIS 1267

Supreme Court of Florida | Filed: Nov 13, 1942 | Docket: 3269171

Cited 71 times | Published

retires. Section 215, Criminal Procedure Act (Section 918.10, Florida Statutes, 1941). The remaining two

Smith v. State

407 So. 2d 894

Supreme Court of Florida | Filed: Nov 12, 1981 | Docket: 1515382

Cited 66 times | Published

includes the weight to be given confessions. See § 918.10(1), Fla. Stat. (1977); Fla.R. Crim.P. 3.390(a);

Simmons v. State

36 So. 2d 207, 160 Fla. 626, 1948 Fla. LEXIS 812

Supreme Court of Florida | Filed: Jun 25, 1948 | Docket: 3268470

Cited 65 times | Published

be given in a criminal prosecution, unless Section 918.10 has abrogated the effect of the cited decisions

Ashley v. State

265 So. 2d 685

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 1724217

Cited 60 times | Published

v. State (Fla.) 247 So.2d 425; Fla. Stat., Section 918.10(4), F.S.A. The evidence in this case to sustain

State v. Smith

240 So. 2d 807

Supreme Court of Florida | Filed: Oct 28, 1970 | Docket: 450461

Cited 50 times | Published

brings into play the provisions of Fla. Stat. § 918.10(4) F.S.A., which reads as follows: "No party may

Jimenez v. State

30 So. 2d 292, 158 Fla. 719, 1947 Fla. LEXIS 620

Supreme Court of Florida | Filed: Apr 8, 1947 | Docket: 3265101

Cited 45 times | Published

they were required to do by Subdivision 4, Section 918.10 Florida Statutes of 1941. So we hold that it

Johnson v. State

842 So. 2d 228, 2003 WL 1798108

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 1730392

Cited 34 times | Published

See § 943.0435(5), Fla. Stat. (2001). [2] See § 918.10(1), Fla. Stat. (2001)(stating that at the conclusion

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

mandatory language. [2] Codified as Fla. Stat. § 918.10(1) (1973), the statute provides: At the conclusion

Darty v. State

161 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 4, 1964 | Docket: 426805

Cited 24 times | Published

KANNER, J., (RET.), concur. NOTES [1] See Fla. Stat. 918.10(4), F.S.A.; Winnemore v. State, Fla.App. 1963

Irvin v. State

66 So. 2d 288, 1953 Fla. LEXIS 1415

Supreme Court of Florida | Filed: Jun 23, 1953 | Docket: 1668133

Cited 22 times | Published

court's action as he was required to do by section 918.10(4), Florida Statutes 1949, and F.S.A., in order

Norman v. Gloria Farms, Inc.

668 So. 2d 1016, 1996 WL 46883

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 1290266

Cited 21 times | Published

reversal regardless of a timely objection under Section 918.10(4), Florida Statutes, F.S.A." [e.s.] 124 So

Brunke v. State

33 So. 2d 226, 160 Fla. 43, 1948 Fla. LEXIS 600

Supreme Court of Florida | Filed: Jan 13, 1948 | Docket: 3269064

Cited 18 times | Published

sustained a conviction on the three counts charged. Section 918.10 Florida Statutes 1941 as amended by Chapter

Williams v. State

285 So. 2d 13

Supreme Court of Florida | Filed: Oct 3, 1973 | Docket: 1743896

Cited 17 times | Published

wish to consider the applicability of Fla. Stat. § 918.10(4), F.S.A., and/or F.A.R. 6.7(g), 32 F.S.A., both

Everett v. State

97 So. 2d 241

Supreme Court of Florida | Filed: Aug 14, 1957 | Docket: 458355

Cited 16 times | Published

any theory prior to retirement of the jury. Section 918.10(4), Florida Statutes, F.S.A. It is clear from

Murray v. State

378 So. 2d 111

District Court of Appeal of Florida | Filed: Jan 2, 1980 | Docket: 1795681

Cited 14 times | Published

1977, the rule and its predecessor statute (Section 918.10, Fla. Stat.), had been interpreted by the courts

Rayner v. State

273 So. 2d 759

Supreme Court of Florida | Filed: Feb 7, 1973 | Docket: 458860

Cited 14 times | Published

wish to consider the applicability of Fla. Stat. § 918.10(4), F.S.A., and/or F.A.R. 6.7 (g), 32 F.S.A.,

Blatch v. State

216 So. 2d 261

District Court of Appeal of Florida | Filed: Dec 3, 1968 | Docket: 420792

Cited 13 times | Published

written requested instruction, as required by § 918.10, Fla. Stat., F.S.A. In Foreman v. *264 State,

Palazzolo v. State

754 So. 2d 731, 2000 WL 201790

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885

Cited 12 times | Published

Rule of Criminal Procedure 3.390(a) overrides section 918.10(1), Florida Statutes (1997), and precludes

Tascano v. State

363 So. 2d 405

District Court of Appeal of Florida | Filed: Oct 18, 1978 | Docket: 461074

Cited 12 times | Published

Section 1, Laws of Florida (1945), which amended Section 918.10, Florida Statutes (1941), and which provided

Williams v. State

247 So. 2d 425

Supreme Court of Florida | Filed: May 5, 1971 | Docket: 1461590

Cited 11 times | Published

was requested by appellant at trial. Fla. Stat. § 918.10(4), F.S.A. provides that a party may not complain

Simpson v. State

211 So. 2d 862

District Court of Appeal of Florida | Filed: Jun 11, 1968 | Docket: 1475359

Cited 11 times | Published

claimed error is without merit. See Fla. Stat. § 918.10(4), F.S.A.; Siekman v. State, Fla.App. 1967, 198

Silver v. State

174 So. 2d 91

District Court of Appeal of Florida | Filed: Mar 16, 1965 | Docket: 1407252

Cited 11 times | Published

urge the error for the first time on appeal. Section 918.10(4), Florida Statutes, F.S.A." Mr. Justice Drew

Diecidue v. State

131 So. 2d 7

Supreme Court of Florida | Filed: May 24, 1961 | Docket: 1503674

Cited 11 times | Published

steps beyond the admonition contained in F.S. Section 918.10, F.S.A., wherein it is declared that "the presiding

Gibson v. State

194 So. 2d 19

District Court of Appeal of Florida | Filed: Jan 20, 1967 | Docket: 1493783

Cited 10 times | Published

reserved by established modes of procedure. F.S. Section 918.10, F.S.A. provides: "918.10 Charge to jury; request

Peel v. State

154 So. 2d 910

District Court of Appeal of Florida | Filed: May 22, 1963 | Docket: 1320104

Cited 10 times | Published

not comply with the requirements of Fla. Stat. § 918.10(4) F.S.A., which provides that "No party may assign

Jackson v. State

107 So. 2d 247

District Court of Appeal of Florida | Filed: Aug 27, 1958 | Docket: 1700085

Cited 10 times | Published

in the appellant's motion for a new trial. Section 918.10(4), Florida Statutes, F.S.A., provides: "No

Foreman v. State

47 So. 2d 308, 1950 Fla. LEXIS 996

Supreme Court of Florida | Filed: Jun 27, 1950 | Docket: 1384212

Cited 10 times | Published

charge in writing and submitted it to the judge. Section 918.10(3), Florida Statutes, 1941, and F.S.A. Brunke

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Adoption. The Ccommittee adopted Fla.Statute § section 918.10, Florida Statutes, with only minor modification

San Fratello v. State

154 So. 2d 327

District Court of Appeal of Florida | Filed: Jun 5, 1963 | Docket: 1319868

Cited 8 times | Published

Supreme Court prior to 1931. It is provided in § 918.10(4), Florida Statutes, F.S.A., that the defendant

Hamilton v. State

152 So. 2d 793

District Court of Appeal of Florida | Filed: Jan 18, 1963 | Docket: 1185636

Cited 8 times | Published

pages 388-389; section 918.10(3), Florida Statutes, F.S.A. Moreover, section 918.10(4), Florida Statutes

Marr v. State

470 So. 2d 703

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1241540

Cited 7 times | Published

State, 89 Fla. 113, 103 So. 399 (1925). Compare Section 918.10, Florida Statutes, and Florida Rule of Criminal

Williams v. State

378 So. 2d 902

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1794331

Cited 7 times | Published

decision and in the same language as the statute, Section 918.10(1), Florida Statutes (1970), we must conclude

McBride v. State

197 So. 2d 850

District Court of Appeal of Florida | Filed: Apr 11, 1967 | Docket: 1694374

Cited 7 times | Published

directs our attention to the provisions of section 918.10(1), Florida Statutes, 1965, F.S.A., which purports

Brady v. State

190 So. 2d 607

District Court of Appeal of Florida | Filed: Oct 11, 1966 | Docket: 1691595

Cited 7 times | Published

submitted to the trial court in writing as required by § 918.10(3), Fla. Stat., F.S.A. At a charge conference

Brown v. State

191 So. 2d 296

District Court of Appeal of Florida | Filed: Aug 30, 1966 | Docket: 1365863

Cited 7 times | Published

appellant failed to comply with the provisions of Section 918.10, Florida Statutes, F.S.A., and hence "has failed

Rayner v. State

286 So. 2d 604

District Court of Appeal of Florida | Filed: Dec 7, 1973 | Docket: 459103

Cited 6 times | Published

wish to consider the applicability of Fla. Stat. § 918.10(4) and/or F.A.R. 6.7(g), both relating to the

Burkhead v. State

206 So. 2d 690

District Court of Appeal of Florida | Filed: Feb 13, 1968 | Docket: 1697068

Cited 6 times | Published

of the charge, as provided for and required by § 918.10(4). Flagler v. State, supra. Moreover, the record

Coney v. State

193 So. 2d 57

District Court of Appeal of Florida | Filed: Dec 20, 1966 | Docket: 1710774

Cited 6 times | Published

examined and appear to be without merit. See Section 918.10, Florida Statutes, F.S.A. The judgment of conviction

Hand v. State

188 So. 2d 364

District Court of Appeal of Florida | Filed: Jun 30, 1966 | Docket: 1490515

Cited 6 times | Published

that such a charge be given, as required by Section 918.10, Florida Statutes, F.S.A. Since we have above

Holmes v. State

181 So. 2d 586

District Court of Appeal of Florida | Filed: Dec 14, 1965 | Docket: 497935

Cited 6 times | Published

penalty for the crime informed against, citing § 918.10(1), Fla. Stat., F.S.A. We find no error and affirm

McClure v. State

104 So. 2d 601

District Court of Appeal of Florida | Filed: Jul 15, 1958 | Docket: 1312760

Cited 6 times | Published

offense for which the accused is then on trial." § 918.10(1), id. [4] See Simmons v. State, 160 Fla. 626

Fort v. State

91 So. 2d 637

Supreme Court of Florida | Filed: Sep 12, 1956 | Docket: 1332331

Cited 6 times | Published

State, 135 Fla. 443, 186 So. 224. See also Section 918.10(4), Florida Statutes, F.S.A., relating to requests

Wilkinson v. State

322 So. 2d 620

District Court of Appeal of Florida | Filed: Nov 12, 1975 | Docket: 1734689

Cited 5 times | Published

Albright v. State, Fla.App. 1968, 214 So.2d 887; § 918.10(3), Fla. Stat., Rule 3.390(c), RCrP. Therefore

Henry v. State

277 So. 2d 78

District Court of Appeal of Florida | Filed: May 4, 1973 | Docket: 1730376

Cited 5 times | Published

failure to object at trial pursuant to Fla. Stat. § 918.10(4) (now F.A.R. 6.7(g) 32 F.S.A.). The foregoing

Matire v. State

232 So. 2d 209

District Court of Appeal of Florida | Filed: Feb 9, 1970 | Docket: 235304

Cited 5 times | Published

The appellant contends that the provisions of Section 918.10(2), Florida Statutes, F.S.A., make it mandatory

York v. State

232 So. 2d 767

District Court of Appeal of Florida | Filed: Nov 14, 1969 | Docket: 378760

Cited 5 times | Published

in the court's charge on self defense. F.S. Section 918.10(4), F.S.A., provides: "(4) No party may assign

Winnemore v. State

150 So. 2d 277

District Court of Appeal of Florida | Filed: Jan 23, 1963 | Docket: 1452240

Cited 5 times | Published

Clinton v. State, Fla.App. 1958, 100 So.2d 82; § 918.10(4), Florida Statutes, F.S.A. We have examined

Williams v. State

66 So. 3d 360, 2011 Fla. App. LEXIS 11409, 2011 WL 2936748

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2564581

Cited 4 times | Published

procedure essentially overrides the language of section 918.10, Florida Statutes (2008), which has long stated

Terry v. State

302 So. 2d 142

District Court of Appeal of Florida | Filed: Oct 22, 1974 | Docket: 1758686

Cited 4 times | Published

(Emphasis supplied) The above rule was adopted from § 918.10, Florida Statutes, with "only minor modification

Johnson v. State

297 So. 2d 35

District Court of Appeal of Florida | Filed: Jun 26, 1974 | Docket: 1510396

Cited 4 times | Published

(emphasis added) The predecessor of this rule was § 918.10(1), F.S.A., which contained identical language

Hoskins v. State

208 So. 2d 145

District Court of Appeal of Florida | Filed: Mar 12, 1968 | Docket: 2582949

Cited 4 times | Published

error was not committed in this regard, Fla. Stat. § 918.10(4), F.S.A. See also Hamilton v. State, Fla.App

Jerry v. State

213 So. 2d 440

District Court of Appeal of Florida | Filed: Aug 9, 1968 | Docket: 1516863

Cited 3 times | Published

preserved his error in the trial court is in issue. Section 918.10, F.S.A., is particularly applicable to the

Reilly v. State

212 So. 2d 796

District Court of Appeal of Florida | Filed: Jul 16, 1968 | Docket: 1513469

Cited 3 times | Published

instructions to the jury in compliance with Fla. Stat. § 918.10, F.S.A., and that no error was committed. Fla

Anderson v. State

255 So. 2d 550

District Court of Appeal of Florida | Filed: Dec 3, 1971 | Docket: 1728515

Cited 2 times | Published

cannot be the basis of an appeal, see, F.S. 1969, § 918.10(4), F.S.A., but this does not apply when there

Forceier v. State

133 So. 2d 336

District Court of Appeal of Florida | Filed: Sep 20, 1961 | Docket: 1598844

Cited 2 times | Published

court in connection with the law of perjury. Section 918.10(4), Florida Statutes, F.S.A., provides that

Haynes v. State

946 So. 2d 1106, 2006 WL 3523606

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1771534

Cited 1 times | Published

Florida Rule of Criminal Procedure 3.390(a) and section 918.10, Florida Statutes (2005). Not surprisingly

Charles K. Dawson v. State of Florida

268 So. 3d 1018

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013086

Published

of stipulated fact rather than one of law. See § 918.10(1), Fla. Stat. (providing that, after closing

Francis Wong v. State of Florida

212 So. 3d 351, 42 Fla. L. Weekly Supp. 250, 2017 WL 823611, 2017 Fla. LEXIS 424

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612630

Published

instructions in a criminal trial are governed by section 918.10, Florida Statutes, which provides: 918

Knight v. State

653 So. 2d 457, 1995 Fla. App. LEXIS 3574, 1995 WL 150243

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755478

Published

grant of discretion to the trial judge given in section 918.10(1), Florida Statutes (1991) which provides

Florida Bar re Amendment to Rules—Criminal Procedure

462 So. 2d 386, 9 Fla. L. Weekly 493, 1984 Fla. LEXIS 3747

Supreme Court of Florida | Filed: Nov 29, 1984 | Docket: 64609423

Published

of either party is based upon case law and section 918.10, Florida Statutes (1983). I would continue

State v. Ratliff

329 So. 2d 285, 1976 Fla. LEXIS 4291

Supreme Court of Florida | Filed: Feb 11, 1976 | Docket: 64552980

Published

Constitution. . 131 So.2d 7 (Fla.1961). .Section 918.10, Florida Statutes; Rule 3.390, R.Cr.P.

Cowart v. State

277 So. 2d 821, 1973 Fla. App. LEXIS 6814

District Court of Appeal of Florida | Filed: May 10, 1973 | Docket: 64532392

Published

instruct on the lesser included offenses, although F.S. 918.10, F.S.A., was not complied with by the defendant

Branam v. State

265 So. 2d 555, 1972 Fla. App. LEXIS 6440

District Court of Appeal of Florida | Filed: Aug 4, 1972 | Docket: 64527239

Published

S.A., should be construed in pari materia with § 918.10. It is to be noted that 918.10 was amended effective

Conner v. State

253 So. 2d 160, 1971 Fla. App. LEXIS 5846

District Court of Appeal of Florida | Filed: Oct 8, 1971 | Docket: 64522398

Published

failed to properly instruct The Jury”, citing F.S. § 918.10, F.S. A., and (2) in the Justice of the Peace

Schroeder v. State

252 So. 2d 270, 1971 Fla. App. LEXIS 5978

District Court of Appeal of Florida | Filed: Aug 6, 1971 | Docket: 64521993

Published

upon conviction in compliance with F.S.1969, section 918.10(1), F.S.A. The adjudication and sentence appealed

Norris v. State

249 So. 2d 746, 1971 Fla. App. LEXIS 6438

District Court of Appeal of Florida | Filed: Jun 11, 1971 | Docket: 64521104

Published

v. State, Fla.App.1969, 227 So.2d 213; F.S. section 918.10(4), F. S.A.; Grace v. State, Fla.App.1968,

Baker v. State

247 So. 2d 495, 1971 Fla. App. LEXIS 6690

District Court of Appeal of Florida | Filed: May 7, 1971 | Docket: 64520199

Published

charge to the jury in writing as required by Section 918.10(2), F.S.A. The court duly instructed the jury

Irvin v. State

246 So. 2d 592, 1971 Fla. App. LEXIS 6812

District Court of Appeal of Florida | Filed: Mar 12, 1971 | Docket: 64519805

Published

such. He is precluded both by statute, F.S. Section 918.10(4), F.S.A. and by case law, Grace v. State

Robertson v. State

245 So. 2d 304, 1971 Fla. App. LEXIS 6913

District Court of Appeal of Florida | Filed: Mar 9, 1971 | Docket: 64519302

Published

Lipford v. State, Fla.App.1964, 161 So.2d 16; § 918.10(4), Fla.Stat., F.S.A.; and Rule 6.16(a), F.A.R

Williams v. State

243 So. 2d 215

District Court of Appeal of Florida | Filed: Jan 19, 1971 | Docket: 1527905

Published

refusing the requested charge on attempted rape. Section 918.10(4) Fla. Stat., F.S.A.; Simmons v. State, 151

Williams v. State

243 So. 2d 215

District Court of Appeal of Florida | Filed: Jan 19, 1971 | Docket: 1527905

Published

refusing the requested charge on attempted rape. Section 918.10(4) Fla. Stat., F.S.A.; Simmons v. State, 151

Pinkney v. State

241 So. 2d 380, 1970 Fla. LEXIS 2295

Supreme Court of Florida | Filed: Nov 25, 1970 | Docket: 64517589

Published

the above question must be in the negative. Section 918.10(1) reads as follows: ‘The presiding judge shall

Clark v. State

239 So. 2d 500

District Court of Appeal of Florida | Filed: Sep 16, 1970 | Docket: 64516608

Published

is made before the jury retires, as Fla.Stat. § 918.10(4), F.S.A. requires, the failure to give the instruction

Tamayo v. State

237 So. 2d 251, 1970 Fla. App. LEXIS 6140

District Court of Appeal of Florida | Filed: Jun 23, 1970 | Docket: 64515287

Published

the facts and circumstances. In accordance with § 918.-10(2), Fla.Stat., F.S.A., the trial judge prepared

Smith v. State

233 So. 2d 870, 1970 Fla. App. LEXIS 6745

District Court of Appeal of Florida | Filed: Mar 18, 1970 | Docket: 64514075

Published

law.5 I would, therefore, deny certiorari. . Section 918.10(4), F.S.1967, F.S.A.: “No party may assign

Roby v. State

229 So. 2d 604, 1969 Fla. App. LEXIS 6499

District Court of Appeal of Florida | Filed: Oct 15, 1969 | Docket: 64512535

Published

written instruction, required by Florida Statutes § 918.10(2), F.S.A., states: “When two or more persons

Tamayo v. State

226 So. 2d 848

District Court of Appeal of Florida | Filed: Oct 7, 1969 | Docket: 64511572

Published

Gertman v. State, Fla.App.1969, 223 So.2d 798; Section 918.10, Florida Statutes, F.S.A.; and Garcia v. State

Sloan v. State

226 So. 2d 863, 1969 Fla. App. LEXIS 5380

District Court of Appeal of Florida | Filed: Sep 29, 1969 | Docket: 64511582

Published

instruct on the lesser offenses of robbery.” F.S. Section 918.10, F.S.A., provides that: “(3) At the close of

Williams v. State

226 So. 2d 348, 1969 Fla. App. LEXIS 5277

District Court of Appeal of Florida | Filed: Sep 11, 1969 | Docket: 64511290

Published

the instruction, the ap-pellee contends that Section 918.10(4), Florida Statutes, F.S.A., prohibits our

Scarpati v. State

224 So. 2d 335, 1969 Fla. App. LEXIS 5485

District Court of Appeal of Florida | Filed: Jun 17, 1969 | Docket: 64510426

Published

A.; Brown v. State, Fla.1968, 206 So.2d 377; § 918.-10(3), Fla.Stat., F.S.A.; Rule 6.16(a), Florida Appellate

Gertman v. State

223 So. 2d 798, 1969 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Jun 10, 1969 | Docket: 64510299

Published

the court also held that under iji >{c ‡ "* * * § 918.10, the failure to give an instruction is of no avail

Gertman v. State

223 So. 2d 798, 1969 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Jun 10, 1969 | Docket: 64510299

Published

the court also held that under iji >{c ‡ "* * * § 918.10, the failure to give an instruction is of no avail

Mims v. State

222 So. 2d 221, 1969 Fla. App. LEXIS 5774

District Court of Appeal of Florida | Filed: Apr 18, 1969 | Docket: 64509627

Published

shall see, the quoted charge is erroneous; and § 918.10(4), F.S.A., provides that, “No party may assign

Dunleavy v. State

216 So. 2d 237

District Court of Appeal of Florida | Filed: Dec 10, 1968 | Docket: 64507474

Published

Foreman v. State, Fla.1950, 47 So.2d 308; Fla.Stat. § 918.10(3); Johnson v. State, 157 Fla. 328, 25 So.2d 801

Owens v. State

215 So. 2d 627

District Court of Appeal of Florida | Filed: Nov 19, 1968 | Docket: 64507302

Published

Appellant’s claim for reversal is not well founded. Section 918.10(4), Florida Statutes, F.S.A., clearly states

Pearsall v. State

215 So. 2d 58, 1968 Fla. App. LEXIS 4790

District Court of Appeal of Florida | Filed: Sep 19, 1968 | Docket: 64507137

Published

State (Fla.App.1962), 143 So.2d 909. . F.S. § 918.10(3), (4), F.S.A.; Miller v. State (Fla.App.1958)

Bridges v. State

207 So. 2d 48, 1968 Fla. App. LEXIS 5879

District Court of Appeal of Florida | Filed: Feb 13, 1968 | Docket: 64504023

Published

steps beyond the admonition contained in F.S. Section 918.10, F.S.A., wherein it is declared that “the presiding

Grace v. State

206 So. 2d 225, 1968 Fla. App. LEXIS 6016

District Court of Appeal of Florida | Filed: Jan 5, 1968 | Docket: 64503742

Published

failure to give an instruction to the jury. See Section 918.10(4), F.S.1965, F.S.A.; Williams v. State, Fla

Jones v. State

197 So. 2d 829, 1967 Fla. App. LEXIS 5141

District Court of Appeal of Florida | Filed: Apr 25, 1967 | Docket: 64500603

Published

charges not warranted by the evidence. See Section 918.10(4), Florida Statutes, F.S.A.; Foreman v. State

Toler v. State

193 So. 2d 651, 1967 Fla. App. LEXIS 5175

District Court of Appeal of Florida | Filed: Jan 5, 1967 | Docket: 64499332

Published

urge the error for the first time on appeal. Section 918.10(4), Florida Statutes, F.S.A.” Recognizing an

Pruitt v. State

194 So. 2d 656, 1966 Fla. App. LEXIS 4484

District Court of Appeal of Florida | Filed: Dec 8, 1966 | Docket: 64499625

Published

the court, as required by subsection (4) of Section 918.10, Florida Statutes, F.S.A. That subsection provides

Jones v. State

187 So. 2d 915, 1966 Fla. App. LEXIS 5032

District Court of Appeal of Florida | Filed: Jun 1, 1966 | Docket: 64497162

Published

appellants failed to object thereto as required by F.S. 918.10 (4) F.S.A.: “No party may assign as error or

Carlisle v. State

186 So. 2d 529, 1966 Fla. App. LEXIS 5375

District Court of Appeal of Florida | Filed: May 5, 1966 | Docket: 64496777

Published

fundamental error as to adversely affect justice, Section 918.10(4), Florida Statutes, F.S.A., is controlling

Bell v. State

178 So. 2d 131, 1965 Fla. App. LEXIS 4064

District Court of Appeal of Florida | Filed: Jul 23, 1965 | Docket: 64494056

Published

the question cannot be raised on appeal. See § 918.10(4), Florida Statutes, F.S.A. The judgment of the

Johnson v. State

173 So. 2d 487, 1965 Fla. App. LEXIS 4462

District Court of Appeal of Florida | Filed: Mar 30, 1965 | Docket: 64492615

Published

urge the error for the first time on appeal. Section 918.10(4), Florida Statutes, F. S.A.’ ” This defendant

Lipford v. State

161 So. 2d 16

District Court of Appeal of Florida | Filed: Feb 18, 1964 | Docket: 60219550

Published

charge in the trial court, in accordance with § 918.10, Fla.Stat., F. S.A., and an examination of the

Carswell v. State

154 So. 2d 829, 1963 Fla. LEXIS 2787

Supreme Court of Florida | Filed: Jun 26, 1963 | Docket: 60213293

Published

to save his alleged errors by compliance with § 918.10(4), Florida Statutes, F.S.A., so he is not in

White v. State

122 So. 2d 340

District Court of Appeal of Florida | Filed: Aug 3, 1960 | Docket: 60195365

Published

required under Florida Statutes, § 918.10, F.S.A. Florida Statutes, § 918.10, F.S.A.— Charge to jury; request

Gordon v. State

119 So. 2d 753, 1960 Fla. App. LEXIS 2482

District Court of Appeal of Florida | Filed: Mar 25, 1960 | Docket: 60194733

Published

to commit perjury. Under the provisions of F.S. § 918.10(4), F.S.A., he may not now complain. An examination

State v. Brown

118 So. 2d 574

District Court of Appeal of Florida | Filed: Feb 10, 1960 | Docket: 60194467

Published

granted by the lower court. Florida Statutes, § 918.10, F.S.A., Charge to jury; request for instructions

Hodges v. State

107 So. 2d 794, 69 A.L.R. 2d 1091

District Court of Appeal of Florida | Filed: Dec 31, 1958 | Docket: 60191536

Published

had been charged and after it had retired. Section 918.10(3), Florida Statutes, F.S.A., provides that

Miller v. State

102 So. 2d 737, 1958 Fla. App. LEXIS 2851

District Court of Appeal of Florida | Filed: May 6, 1958 | Docket: 60190132

Published

an assignment of error on this ground. See Section 918.10(4), Florida Statutes, F.S.A.; and Guarino v

Clinton v. State

100 So. 2d 82

District Court of Appeal of Florida | Filed: Jan 31, 1958 | Docket: 60189361

Published

assigning the same as error or ground for appeal. Section 918.10(4), Florida Statutes, F.S.A.; and Febre v.

Townsend v. State

97 So. 2d 712

District Court of Appeal of Florida | Filed: Oct 29, 1957 | Docket: 64489703

Published

cases where the evidence warrants such.” F.S. § 918.10(4), F.S.A., provides that no party may assign

Phillips v. State

92 So. 2d 627

Supreme Court of Florida | Filed: Feb 13, 1957 | Docket: 64488781

Published

State, 159 Fla. 294, 31 So.2d 274. The statute, Section 918.10(1), Florida statutes, F.S.A., directs the court

Guarino v. State

67 So. 2d 650, 1953 Fla. LEXIS 1687

Supreme Court of Florida | Filed: Oct 20, 1953 | Docket: 64484783

Published

required by 30 F. S.A. Common Law Rule 39(b) or Section 918.10(4), Florida Statutes, F.S.A. We feel, however

Dalton v. State

42 So. 2d 174, 1949 Fla. LEXIS 986

Supreme Court of Florida | Filed: Sep 30, 1949 | Docket: 3270425

Published

put the trial judge in error on this point. Section 918.10(4, 5) F.S.A.; Febre v. State, 158 Fla. 853

Hill v. State

30 So. 2d 497, 158 Fla. 889, 1947 Fla. LEXIS 662

Supreme Court of Florida | Filed: May 16, 1947 | Docket: 3274536

Published

contends that the appellant is precluded by section 918.10 Fla. Statutes 1941 (same F.S.A.) from assigning