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BURNIAS v. STATE

No. 66-27.

190 So.2d 612 (1966)

Pedro BURNIAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

October 11, 1966.

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 Barry N. Semet, Asst. Atty. Gen., for appellee.

Before CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

The appellant, by this appeal, seeks review of a guilty verdict, adjudication and sentence in a homicide case. The point relied on for appeal is error on the part of the trial court in giving an instruction requested by the State, which reads as follows:

"Gentlemen of the Jury, the Court 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 the jury that the defense...

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