ARTHUR STEVENSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Jury Instructions cases and more on FLexlaw
PER CURIAM.
In this appeal defendant contends the trial court erred in refusing to charge the jury on the doctrine of non-necessity of retreat. It is the state’s position that this doctrine does not apply to a situation where both parties are on the premises in question with equal authority and control. The identical contention of the state was considered and rejected in Watkins v. State, Fla.App.1967, 197 So. 2d 312, wherein this court held that refusal to charge the jury, when properly requested, was prejudicial error.1 Accordingly, the judgment and sentence imposed is reversed with directions to grant defendant a new trial.
OWEN, C. J., and CROSS and MAGER, JJ., concur. . Although defense counsel did not object to the trial court’s failure to give the instruction, defense counsel did request such an instruction at the charge conference held in the judge’s chambers. F.S. Sec. 918.10(4), F.S.A., relating to the necessity of objecting to the giving or failure to give an instruction was repealed in 1970 and was not in effect at the time of defendant’s trial. Such provision however was re-adopted as Rule 3.390, F.R.O.P., 33 F.S.A.; but did not become effective until February 1, 1973.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Conner v. State, 361 So. 2d 774 (Fla. 4th DCA 1978)…n. (See 26 A.L.R.3rd 1296). Regretfully one such court is our own and while no other Florida decision on the subject is recorded, we have twice so expanded the doctrine. See Watkins v. State, 197 So. 2d 312 (Fla.4th DCA 1967) and Stevenson v. State, 285 So. 2d 61 (Fla.4th DCA 1973). From this expanded version of the castle doctrine we now recede, for it appears to us that, where both the antagonist and the assailed are legal occupants of the same “castle,” neither one having the legal right to eject the oth…
-
Barfield Burch, Jr. v. State, 376 So. 2d 289 (Fla. 3d DCA 1979)…on of the drug. The claimed error of the court in failing to give a jury instruction of causation was not preserved for appeal in the manner required by Fla.R.Crim.P. 3.390. Zuberi v. State, 343 So. 2d 664 (Fla. 3d DCA 1977). Cf. Stevenson v. State, 285 So. 2d 61 (Fla. 4th DCA 1973). Affirmed.…
Authorities Cited
- Watkins v. State, 197 So. 2d 312 (Fla. 4th DCA 1967)