Florida District Courts of Appeal, 1983

Osborne v. State

Osborne v. State
Florida District Courts of Appeal · Decided October 19, 1983 · Anstead, Beranek, Hurley
438 So. 2d 1058; 1983 Fla. App. LEXIS 22523 (Southern Reporter, Second Series)

Osborne v. State

Opinion of the Court

PER CURIAM.

Defendant was charged with aggravated assault with a knife. After a jury trial, he was found guilty of simple assault and sentenced to sixty days in jail. On appeal, he contends that the court erred in rejecting a requested jury instruction on self defense without deadly force. We affirm and conclude that error did not occur. The defendant’s rejected jury instruction did not contain a correct statement of the law.

AFFIRMED.

ANSTEAD, C.J., and BERANEK, J., concur. HURLEY, J., dissents without opinion.

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