JAMES MIDD ECHOLS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Palmes v. State, 397 So. 2d 648 (Fla. 1981)
  …girlfriend dispose of the body. It is axiomatic that a defendant is entitled to a jury instruction on the theory of his defense. Florida courts have reversed convictions where juries were not instructed about the defenses of alibi, Davis v. State, 254 So. 2d 221 (Fla. 3d DCA 1971); Watson v. State, 200 So. 2d 270 (Fla. 2d DCA 1967); coercion, Koontz v. State, 204 So. 2d 224 (Fla. 2d DCA 1967), entrapment, Kwasniewski v. State, 303 So. 2d 373 (Fla. 1st DCA 1974); Stiglitz v. State, 270 So. 2d 410 (Fla. 4th D…
• Arboleda v. State, 645 So. 2d 48 (Fla. 3d DCA 1994)
  …(“It is axiomatic that a defendant is entitled to a jury instruction on the theory of his defense if there is evidence in the record to support it.”) (citations omitted); see also McCoy v. State, 493 So. 2d 1093 (Fla. 4th DCA 1986); Davis v. State, 254 So. 2d 221 (Fla. 3d DCA 1971). Here, the defendant’s testimony directly concerned his intent to traffic in cocaine. This court also previously has noted that the 1987 amendment to section 983.12 may well have abrogated the Dominguez rule, Ledo v. State, 587 So…
• Hudson v. State, 381 So. 2d 344 (Fla. 3d DCA 1980)
  …s not the function of the trial judge to weigh the evidence and select some cases in which to give the alibi instruction. The instruction should be given in every case where there is sufficient evidence to take the issue to the jury. Davis v. State, 254 So. 2d 221 (Fla. 3d DCA 1971). Adams v. State, 28 Fla. 511, 542, 10 So. 106, 114 (Fla.1891), holds: . evidence in support of an alibi need not be absolutely clear. It is sufficient if there is enough to produce in the minds of the jury a reasonable doubt as…

Authorities Cited

• Jones v. State, 128 So. 2d 754 (Fla. 2d DCA 1961)