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Gainer v. State

District Court of Appeal of Florida, First District
Mar 5, 1976
327 So. 2d 873 (Fla. Dist. Ct. App. 1976)

Opinion

No. Y-433.

March 5, 1976.

Appeal from the Circuit Court, Bay County, W.L. Fitzpatrick, J.

Robert B. Staats, Staats Nabors, Panama City, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., Tallahassee, for appellee.


We have carefully considered the entire record and the briefs and argument of counsel. There was evidence justifying the jury's verdict that appellant is guilty of manslaughter notwithstanding the evidence tending to support his claim that he acted in self-defense. Considered in its totality, the court's charge did not erroneously emphasize the accused's duty to take measures available to him to avoid an encounter with one threatening attack. The judgment of conviction is

AFFIRMED.

McCORD, Acting C.J., and FULLER, RICHARD S., Associate Judge, concur.


Summaries of

Gainer v. State

District Court of Appeal of Florida, First District
Mar 5, 1976
327 So. 2d 873 (Fla. Dist. Ct. App. 1976)
Case details for

Gainer v. State

Case Details

Full title:JOHNNY GAINER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 5, 1976

Citations

327 So. 2d 873 (Fla. Dist. Ct. App. 1976)