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McDANIEL v. STATE

No. 65-294.

179 So.2d 576 (1965)

L.D. McDANIEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 29, 1965.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

By this appeal, the appellant seeks review of an adverse jury verdict in a criminal proceeding and final judgment and sentence thereon. The point relied on for reversal is as follows:

"Was it reversible error for the trial court in the instant case to give the following instruction to the jury: `The court further instructs you that before a person can avail himself of the defense that he used a deadly weapon in defense of his life, he must satisfy...

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