HENRY PAUL TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Self-Defense Jury Instruction cases and more on FLexlaw
PER CURIAM.
Upon review of the evidence' in the record we are of the opinion that the defendant was entitled to have the jury instructed on the law applicable to his theory of self-defense. Regardless of. how weak or improbable defendant’s testimony may have been with respect to the circum stances leading up to the charge of assault and battery, defendant was entitled to the requested charge on self-defense and it was the jury’s function to determine that issue. Kilgore v. State, Fla.App.1972, 271 So. 2d 148; McCoy v. State, Fla.App.1965, 175 So. 2d 588. It was error for the trial court to refuse to recognize the existence of self-defense as an issue and instruct the jury accordingly. For the foregoing reason the judgment appealed from is reversed and the cause remanded for a new trial.
Reversed and remanded.
WALDEN, MAGER and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Redondo v. State, 380 So. 2d 1107 (Fla. 3d DCA 1980)…: a gun, in order to protect himself against what he reasonably believed to be a threat of death or serious bodily harm. Based on this evidence, the trial court was required to give an instruction on self defense and in fact did so. Taylor v. State, 301 So. 2d 123 (Fla. 4th DCA 1974). As part of the general instructions on self defense, the trial court was also required to give an instruction as delineated in Fla.Std. Jury Instr. (Crim.) 2.11(d) (para. 10) concerning the defendant’s lack of a duty to retreat…
-
Taylor v. State, 410 So. 2d 1358 (Fla. 1st DCA 1982)…ate, 271 So. 2d 148 (Fla. 2nd DCA 1972). A defendant is entitled to his requested self-defense instruction regardless of how weak or improbable his testimony may have been with respect to the circumstances leading up to the battery. Taylor v. State, 301 So. 2d 123 (Fla. 4th DCA 1974); Redondo v. State, 380 So. 2d 1107, 1111 (Fla. 3rd DCA 1980). In Monroe v. State, 384 So. 2d 50 (Fla. 2nd DCA 1980), the court held that when a defendant testified that he did not know the alleged victim of the battery was a poli…
-
The Travelers Indem. Co. v. Alvarez, 314 So. 2d 586 (Fla. 1975)…Certiorari denied. 301 So. 2d 123. ADKINS, C. J., and BOYD, McCAIN, OVERTON and ENGLAND, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kilgore v. State, 271 So. 2d 148 (Fla. 2d DCA 1972)
- McCOY v. State, 175 So. 2d 588 (Fla. 2d DCA 1965)