MURO v. STATE

No. 82-1030.

445 So.2d 374 (1984)

Joseph MURO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 7, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.


BARKDULL, Judge.

The appellant was convicted of escape from lawful custody. He contends on appeal that the trial court erred in refusing to instruct the jury on the defense of "necessity". The defendant was transported from the Monroe County jail to a hospital for treatment of injuries. The defendant was examined by a doctor and then taken for a series of X-rays. After the X-rays were taken, the defendant requested and was given permission to use the restroom. The...

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