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CANNON v. STATE

No. 83-531.

464 So.2d 149 (1985)

Cora CANNON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 30, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Cora Cannon appeals from a judgment adjudicating her guilty of manslaughter1 for the fatal stabbing of her husband, Larry. She argues the trial court erred in not giving the defense's requested jury instruction that she had no duty to retreat because her husband attacked her in her home without provocation. Instead the court instructed the jury:

The defendant cannot justify her use of force likely to cause death...

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