JAMES PAYTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for manslaughter, holding that the question of self-defense was a factual issue for the jury and not a matter of law for directed verdict. The court found sufficient evidence to support the jury's decision.
The court held that the question of self-defense was a factual issue for the jury and that there was sufficient evidence to withstand a motion for directed verdict.
“The question of self-defense is ordinarily one of fact to be determined by the trier of facts.”
Establishes the general legal principle regarding self-defense.
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Join FLexlaw to unlock all legal intelligenceThe defendant and the decedent, both migrant farm workers, had a prior altercation. After leaving a bus, the decedent struck the defendant with a bott…
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The defendant was indicted for second degree murder and appeals from an adjudication of guilt and sentence of five years for the crime of manslaughter.
He contends on appeal that reversible error was committed by the court’s denial of his motions for directed verdict and not finding as a matter of law that the death for which he was charged was justifiable as self-defense.
The record reflects that both parties were migrant farm workers; that they had had an altercation on a bus and were separated; that after departing from the bus the decedent struck the defendant with a bottle; that the decedent was stabbed six times with a regular pocket knife by the defendant; and that one of the stab *256wounds, in the heart, caused his death. There was evidence that there were two episodes of fighting and that both parties stated that they would kill each other. There was also evidence that both parties had been drinking and that the decedent had a blood alcohol content of .160.
The question of self-defense is ordinarily one of fact to be determined by the trier of facts. Scholl v. State, 94 Fla. 1138, 115 So. 43 (1927). We find from an examination of the record that there was sufficient evidence presented to withstand a motion for directed verdict. See Holland v. State, 129 Fla. 363, 176 So. 169 (1937) ; 32 Fla.Jur. Trial, § 100.
The judgment appealed herein is therefore
Affirmed.
BARKDULL, Judge, dissents.
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Citator
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Dias v. State, 812 So. 2d 487 (Fla. 4th DCA 2002)…added). The question of self-defense is one of fact, and is one for the jury to decide where the facts are disputed. See Scholl v. State, 94 Fla. 1138, 115 So. 43, 44 (1927); Reimel v. State, 532 So. 2d 16, 18 (Fla. 5th DCA 1988); Payton v. State, 200 So. 2d 255, 255 (Fla. 3d DCA 1967). In discussing the question of the reasonableness of the force used, the court in Reimel stated: A jury question is presented when the evidence is reasonably susceptible of two views, either that the defendant’s action in sh…
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Darling v. State, 81 So. 3d 574 (Fla. 3d DCA 2012)…State, 74 So. 3d 521 (Fla. 4th DCA 2011) (holding that possession of a firearm by a convicted felon qualifies as an unlawful activity within the “stand your ground” law). The question of self defense is ordinarily one for the jury. Payton v. State, 200 So. 2d 255, 256 (Fla. 3d DCA 1967); see also [*579] Liotta v. State, 939 So. 2d 338, 334 (Fla. 4th DCA 2006). In this case, the trial court determined that evidence of Darling’s convicted-felon status was admissible so that the jury could properly evaluate wh…
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Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976)…ense were properly presented by the trial court to the jury for its determination. Evaluation of testimony concerning self-defense is the function of the trier of fact. See Turner v. State, 298 So. 2d 559 (Fla.3d DCA 1974). See also Payton v. State, 200 So. 2d 255 (Fla.3d DCA 1967), where the court held that ordinarily the question of self-defense is one of fact to be determined by the trier of fact.2 The second point that we shall address ourselves to is that concerning the alleged error of the trial court…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holland v. State, 129 Fla. 363 (Fla. 1937)
- Tige Scholl v. State, 94 Fla. 1138 (Fla. 1927)