NELSON BY & THROUGH BOWENS v. HOWELL

No. 83-1856.

455 So.2d 608 (1984)

Torr NELSON, a Minor Child, By and Through his natural guardian and next of Kin, Algerian BOWENS, Appellant, v. Mitchell HOWELL, Appellee.

District Court of Appeal of Florida, Second District.

September 7, 1984.


Attorney(s) appearing for the Case

Martin J. Jones, St. Petersburg, for appellant.

Barry M. Salzman of Chambers & Salzman, P.A., St. Petersburg, for appellee.


DANAHY, Judge.

The question before us is whether a private citizen is justified in using deadly force to prevent the escape from the citizen's custody of a person who committed a felony in the citizen's presence. We hold that the use of such force is justifiable if it appears to the citizen to be reasonably necessary to prevent the felon's escape, and remand this case for determination by a jury whether the use of force in this case was reasonably necessary under...

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