CARUTHERS v. STATE

No. 97-01313.

721 So.2d 371 (1998)

James CARUTHERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 28, 1998.


Attorney(s) appearing for the Case

Domingo G. Alvarez, III, Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

James Caruthers appeals the judgment of the trial court in this misdemeanor battery case. Caruthers asserts, and the State concedes, that the trial court erred in denying his jury instruction on the justifiable use of nondeadly force. We agree and reverse.

The State charged Caruthers with two counts of aggravated battery and alleged that Caruthers used an ax handle to attack two men during an altercation. Caruthers denied using a weapon and claimed...

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