JACKSON v. STATE

No. 70-394.

251 So.2d 702 (1971)

James E. JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 15, 1971.


Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, and Edwin T. Mulock, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Affirmed. The evidence in this case was not sufficient to warrant an instruction on self-defense. See Hamilton v. State, Fla.App. 1963, 152 So.2d 793.

PIERCE, C.J., and HOBSON, J., concur.

MANN, J., dissents with opinion.

MANN, Judge (dissenting).

Hamilton is not in point. In that case, it was argued as fundamental error that the trial judge had failed to give an instruction...

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