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GENTRY v. STATE

No. 82-940.

422 So.2d 1072 (1982)

Samuel Isaiah GENTRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1982.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Acting Chief Judge.

The main issue in this case is whether voluntary intoxication1 may be a defense to attempted second degree murder.

The appellant choked his father and swore to kill him. He then snapped a pistol several times next to his father's head. When the gun failed to fire, the appellant struck his father in the head with the gun. The state charged appellant with attempted murder.

At the trial, appellant...

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