Christopher M. SECKINGTON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.
*195 ORFINGER, Chief Judge.
In instructing the jury on the definition of battery, the trial court gave the standard jury instruction which defines battery as the intentional touching or striking of the victim by the defendant against the victim's will. The court rejected appellant's request that the instruction also advise the jury that an accidental or unintentional touching does not constitute battery.
We cannot hold the trial court in error for refusing to give the converse of the legal definition of battery. Refusal to give charges which are covered by charges given is not ground for reversal where the error is harmless, Jarrell v. State,
However, even though the trial court erred, we find the error to be harmless, because counsel did, in fact, argue to the jury that the touching by appellant was an accident and was not intentional. § 59.041, Fla. Stat. (1981).
The judgment of conviction is
AFFIRMED.
DAUKSCH and COBB, JJ., concur.
