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CARTER v. STATE

No. U-471.

312 So.2d 494 (1975)

James Ruben CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 20, 1975.

Attorney(s) appearing for the Case

Alan R. Parlapiano, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant here seeks our judicial approval of his possession of a deadly weapon while a prisoner, allegedly for the purpose of protecting himself against other inmates. While there is a narrow defense of necessity available to a prisoner whose escape has been motivated by sufficiently perilous circumstances1 such a defense has not been extended to the possession of deadly weapons. To grant judicial sanction to the otherwise...

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