BILLY BEST AND GEORGE BEST, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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Billy and George Best were convicted of manslaughter in the shooting death of Barney Griffin during a gambling altercation. The Florida Supreme Court reversed Billy's conviction due to instructional error regarding self-defense, but affirmed George's conviction.
The trial court erred in failing to instruct the jury that Billy Best was entitled to an acquittal or could be found to have acted in lawful self-defense independent of George Best's actions. The general self-defense instruction given in the plural form for both defendants was improper and required a more specific instruction addressing Billy's individual circumstances.
“Under these circumstances we think the court erred in refusing to instruct that Billy Best was entitled to an acquittal, or he acted in lawful self defense, even though George may not have escaped upon that plea, and the general charge upon self defense being in the plural as to both should have been qualified or explained by the requested instruction.”
The court's holding that the trial court committed reversible error by failing to give a separate self-defense instruction applicable to Billy Best's individual circumstances.
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Join FLexlaw to unlock all legal intelligenceBilly and George Best, along with others, were engaged in gambling. Billy Best complained about losing a nickel, drew his pistol, and flourished it. B…
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Cockrell, J.
Upon a joint indictment for the murder of Barney Griffin, Billy and George Best were convicted of manslaughter and each sentenced to a term of five years in the State prison.
It appears that these negroes with others were engaged in gambling; that Billy Best complaining of a lost nickle, drew his pistol and flourishing it around; Barney Griffin then placed his pistol on Billy’s neck threatening to shoot, and shortly thereafter though not immediately Billy and Barney began shooting at each other. During the fusillade George Best, a cousin of Billy, according to the State’s evidence, fired the shot that killed Barney, the only shot that struck him.
There was evidence that Billy did not shoot until stricken down by a bullet from Barney, and that George did no shooting at all. There was no evidence looking towards a conspiracy between Billy and George, or knowledge by Billy that George was taking part.
Under these circumstances we think the court erred in refusing to instruct that Billy Best was entitled to an acquittal, or he acted in lawful self defense, even though George may not have escaped upon that plea, and the general charge upon self defense being in the plural as to both should have been qualified or explained by the requested instruction.
This error causes a reversal as to Billy Best, but does not affect George Best, as to whom the judgment must be affirmed.
As the case goes back we think it proper to suggest that upon a future trial, should the evidence' develop as upon this record, that a charge be framed submitting to the jury whether Billy Best incited the act of George Best.
Affirmed as to George Best;
Reversed as to Billy Best.
Whitfield, C. J., and Taylor, Shackleford and Hocker, J. J., concur.