HAROLD LIGHTBOURN
v.
STATE
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Harold Lightbourn was convicted of manslaughter based on a jury instruction on self-defense that imposed an unreasonably strict burden of proof. The Florida Supreme Court reversed because the instruction violated established law requiring only that a defendant show it was reasonable for him to believe deadly force was necessary.
The instruction was erroneous and violated established law. The correct standard requires only that the defendant show the circumstances made it reasonable for a cautious and prudent person to believe deadly force was necessary to save himself from death or great bodily harm.
“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 beyond and to the exclusion of a reasonable doubt that it was necessary to protect his.own life and protect himself from great bodily harm.”
The erroneous jury instruction that imposed too strict a burden of proof for the self-defense claim
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Join FLexlaw to unlock all legal intelligenceLightbourn was charged with manslaughter and raised a self-defense claim. During trial, the court instructed the jury that before a person could use d…
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The writ of error brings for review judgment of conviction of manslaughter.
The defendant interposed the defense of self-defense.
During the course of giving instructions to the jury the court instructed the jury as follows:
“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 beyond and to the exclusion of a reasonable doubt that it was necessary to protect his.own life and protect himself from great bodily harm.”
' The court gave the jury other instructions which were in conflict with the enunciation included in this instruction.
The charge of the court was excepted to as a whole. In the motion for a new trial there was. included ground 11 as .follows: “The instructions to the .court were insufficient and inapplicable to the evidence of the case.” This is the only reference in the motion for new trial to the instructions of the court to the jury.-
•' Assignment of error No. 6 is: “Defendant contends that the court erred in- overruling and denying defendant’s motion for new trial because the court’s charge to the jury had a tendency to mislead and confuse the jury and did mislead and confuse the jury.” .
. -Assignment of error No. 4 is: “Defendant contends that the corut erred in overruling and denying defendant’s¡ motion for a riéw trial because' the charge of the court as *45given the jury 'was an erroneous statement of the law as applied to the evidence adduced at the trial.”
It is apparent that a strict enforcement of the rules of Practice and Procedure by us would prevent our consideration of the merits of the matter complained of and, therefore, in the interest of justice we shall not apply the rules strictly to this case because the error was patent and. the language used in the instruction complained of so contrary to the law in that regard as to cause us to feel that the judgment must be reversed.
In Pinder v. State of Florida, 27 Fla. 370, 8 Sou. 837, 26 Am. St. Rep. 75, where this Court was discussing what is necessary to constitute excusable homicide by reason of defendant acting in self-defense, it was said:
“All that can be required of the prisoner in such cases would be to show that he was surrounded by such condition of affairs as made it, from his standpoint, reasonable for a cautious and prudent man to believe that it was necessary to fire the fatal shot, or strike the fatal blow, in order to save himself from death or great bodily harm.”.
The instruction given and complained of in the instant case violates that enunciation. So, the judgment should be. reversed and the cause remanded for a new trial.
Reversed and remanded.
Terrell, Brown and Chapman, J. J., concur. ;
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Harris v. State, 104 So. 2d 739 (Fla. 2d DCA 1958)…danger of death or great personal injury to be imminent, at the hands of assailant. Wilson v. State, 30 Fla. 234, 11 So. 556, 17 L.R.A. 654; Peele v. State, 155 Fla. 235, 20 So. 2d 120; Russell v. State, 61 Fla. 50, 54 So. 360; Lightbourn v. State, 129 Fla. 43, 175 So. 857. The State, in its very able brief, contends that the homicide was unnecessary [*744] and was induced by the unreasonable fear or cowardice of appellant. Of course, it is the law that men do not hold their lives at the mercy of unreas…1 / 2
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Huntley v. State (two cases), 66 So. 2d 504 (Fla. 1953)…fiable homicide because danger to themselves had long since passed and the dominance and control of the situation had changed to their hands when the killing occurred. See Lovett v. State, 30 Fla. 142, 11 So. 550, 17 L.R.A. 705; Lightbourn v. State, 129 Fla. 43, 175 So. 857; Rowe v. State, 120 Fla. 649, 163 So. 22. This is proven -by the testimony of the state’s witnesses, some of whom even testified that decedent never did use curse words and only aimed the gun at appellants one time, the rest of the time…
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Phillips v. State, 351 So. 2d 738 (Fla. 3d DCA 1977)…he appellant’s defense of self-defense and the principles set forth above, we are unable to say that the trial judge erred as contended by appellant. Therefore, the decision of the trial court on this point is also affirmed. See Lightbourn v. State, 129 Fla. 43, 175 So. 857 (1937); McKnight v. State, 341 So. 2d 261 (Fla. 3d DCA 1977); Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975); and Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964). Based on the foregoing, the judgment appealed is affirmed. Aff…
Authorities Cited
- Pinder v. State, 27 Fla. 370 (Fla. 1891)