362 So. 2d 361 | Fla. Dist. Ct. App. | 1978
Appellant was indicted for murder in the First Degree and convicted of murder in the Second Degree after a jury trial. As tenuous as it might have been the appellant had a defense of justifiable homicide to present to the jury. She testified as to her acting in self defense, which, if sufficiently established, can permit the jury to acquit under the definition of justifiable homicide.
REVERSED AND REMANDED.
. It is further noted neither the appellant’s nor the appellee’s brief indicate appellate counsel were aware of this fact. One of the principal errors alleged was the failure to give that instruction.