DeLUGE v. STATE

No. 97-951.

710 So.2d 83 (1998)

Edward Charles DeLUGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 11, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, Chief Judge.

Appellant, Edward DeLuge, raises two issues on appeal of his conviction for battery and aggravated battery. We find the lower court erred in instructing the jury and reverse.

DeLuge contends that he is entitled to a new trial because of the failure to grant his request for an instruction on the justifiable use of non-deadly force. He argues that the question of whether he used "non-deadly" force should have been submitted to the jury...

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