# Wilson v. State

> District Court of Appeal of Florida · August 7, 1972 · 265 So. 2d 411

URL: https://www.frixlaw.com/law-library/cases/7450391

## Case

- **Full name:** Herbert Wallace WILSON v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 7, 1972
- **Citations:** 265 So. 2d 411; 1972 Fla. App. LEXIS 6413
- **Precedential status:** Published
- **Opinion:** Dissent by Reed
- **Judges:** Cross, Reed, Walden
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7450391

## Opinion text

REED, Chief Judge
(dissenting):
I thoroughly agree with the majority’s treatment of Point I on this appeal. As to the second point, I would hold that the failure of the trial judge to give an instruction on assault was a harmless error, in view of the overwhelming proof of defendant’s guilt of robbery. Following the recent opinion by the Florida Supreme Court in DeLaine v. State, 262 So.2d 655 (Fla.1972), I would apply the harmless error statute, F.S. Section 924.33, F.S.1970, and affirm the judgment and sentence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7450391. Public record. Not legal advice.