GENEVA JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed murder in the second degree conviction, holding that self-defense claim fails when the aggressor has been disarmed and no longer poses imminent danger.
Once an aggressor is disarmed, the pursued cannot inflict bodily injury or death and claim self-defense because the disarmed aggressor no longer poses imminent danger of death or great bodily harm.
[1] Self-defense claim fails when the defendant has disarmed the aggressor because the pursued is no longer in imminent danger of death or great bodily harm and therefore can…
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Join FLexlaw to unlock all legal intelligence“once the aggressor is disarmed as in the case sub judice there exists no real necessity for the taking of the aggressor's life, as the pursued is no longer in imminent danger of death or great bodily harm”
Court explaining why self-defense claim fails after disarming an aggressor
Appellant was indicted for murder in the first degree, tried by jury, and convicted of murder in the second degree. She testified that the victim pull…
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PER CURIAM.
The appellant was indicted for murder in the first degree, tried by jury, found .guilty of murder in the second degree and sentenced to thirty years in the state penitentiary.
On appeal, defendant-appellant contends the evidence was insufficient to sustain the verdict in that she alleges her testimony that the crime was committed in self-defense was not controverted and, therefore, should have been taken as true.
Contrary to appellant’s position, we find after a review of the record on appeal that there was sufficient evidence controverting defendant’s version of'the incident to support the jury’s verdict. See Arnold v. State, Fla.App. 1970, 241 So. 2d 192. Acting within its province, the jury having resolved the conflicts against the defendant, this court will not substitute its judgment for that of the trier of the facts as to the credibility of the witnesses and weight of the evidence. Stewart v. State, Fla.App.1969, 221 So. 2d 155.
We note further that defendant herself testified in regards to her claim of self-defense that the victim piilled a knife on her, but she managed to get the knife from the victim whom she then stabbed. It is well established that once the aggressor is disarmed as in the case sub judice there exists no real necessity for the taking of the aggressor’s life, as the pursued is no longer in imminent danger of death or great bodily harm and, therefore, the pursued in this posture cannot inflict bodily injury or death upon the disarmed ag gressor and claim self-defense. Gil v. State, Fla.App.1972, 266 So. 2d 43.
For the reasons stated hereinabove, the judgment is affirmed.
Affirmed.
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State v. Frazier, 407 So. 2d 1087 (Fla. 3d DCA 1982)…life that, as a matter of law, he cannot be found guilty of homicide so as to warrant a dismissal of the charge against him.2 See Sanders v. State, 359 So. 2d 899 (Fla.3d DCA 1978); Bristow v. State, 338 So. 2d 553 (Fla.3d DCA 1976); Jones v. State, 286 So. 2d 29 (Fla.3d DCA 1973); Gil v. State, 266 So. 2d 43 (Fla.3d DCA 1972). Moreover, even if, arguendo, one of Frazier’s versions of the stabbing were to warrant a dismissal of the charge, a separate inconsistent, but not thoroughly exculpatory, version of…
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Yates v. State, 407 So. 2d 1057 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. See: Jones v. State, 286 So. 2d 29 (Fla. 3d DCA 1973); Gil v. State, 266 So. 2d 43 (Fla. 3d DCA 1972); Walden v. State, 191 So. 2d 68 (Fla. 1st DCA 1966).…
Authorities Cited
- GIL v. State, 266 So. 2d 43 (Fla. 3d DCA 1972)
- Grover Cleveland Stewart v. State, 221 So. 2d 155 (Fla. 3d DCA 1969)
- Arnold v. State, 241 So. 2d 192 (Fla. 3d DCA 1970)