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179 So. 2d 576

McDaniel v. State

District Court of Appeal of Florida

Decided November 2, 1965

District Court of Appeal of Florida · decided 1965-11-02

Cited by 2 later decisions — most recently July 1974

2 state decisions

Key passage — most relied on by later courts

““Gentlemen of the Jury, the Court instructs you that before a person can avail himself of the defense that he used a deadly weapon in defense of his life, he must satisfy the jury that the defense was necessary at the time and that he did all he could to avoid it, and that it was necessary to protect his own life, or protect himself from great bodily harm, as would give him reasonable apprehension that his life was in imminent danger.””

quoted by 1 later decision, including 190 So. 2d 612 - Burnias v. State

Relies on Lane v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-11-02

View the full empirical analysis of this case →

PER CURIAM.

¶1By this appeal, the appellant seeks review of an adverse jury verdict in a criminal proceeding and final judgment and sentence thereon. The point relied on for reversal is as follows:

“Was it reversible error for the trial court in the instant case to give the following instruction to the jury: ‘The court further instructs you that before a person can avail himself of the defense that he used a deadly weapon in defense of his life, he must satisfy the jury that the defense was necessary at the time and that he did all he could to avoid it, and that it was necessary to protect his own life, or protect himself from great bodily harm, as would give him reasonable apprehension that his life was in imminent danger.’?”

¶2It is apparent, under the authority of Lane v. State, 44 Fla. 105, 32 So. 896, that the complained of instruction was erroneous and did not accurately advise the jury of the law applicable to the defendant’s plea of self-defense. Therefore, the judgment and sentence here under review is hereby reversed and this cause is returned to the trial court for purposes of a new trial.

¶3Reversed and remanded with directions.

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