History
  • No items yet
midpage
Page v. State
398 So. 2d 859
Fla. Dist. Ct. App.
1981
Check Treatment
PER CURIAM.

We reverse appellant’s first degree murder conviction on the ground that the defense’s proffered jury instruction concerning the privilege of non-retreat in the home should have been given because the doctrine applies to premises surrounding the home, Pell v. State, 97 Fla. 650, 122 So. 110 (1929); Danford v. State, 53 Fla. 4, 43 So. 593 (1907); Redondo v. State, 380 So.2d 1107 (Fla. 3d DCA), cert. denied, 388 So.2d 1118 (Fla.1980), and to co-occupants as well as intruders, Hedges v. State, 172 So.2d 824 (Fla.1965); State v. Bobbitt, 389 So.2d 1094 (Fla. 1st DCA 1980).

The trial court’s dismissal of the second and third counts of the indictment, display of a firearm while committing of felony, and unlawful possession of a firearm by a convicted felon, is also reversed upon the authority of State v. Thompson, 390 So.2d 715 (Fla.1980), holding that the state is not required to prove the lack of an exemption as an element of the offense.

Reversed and remanded for new trial.

Case Details

Case Name: Page v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 28, 1981
Citation: 398 So. 2d 859
Docket Number: No. 80-475
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.