Green v. State

Citations

• 43 Fla. 556

Syllabus

<p>a. Requested instructions - tbo-ugh announcing correct propositions of law applicable to tbe case, are properly refused where they are fully covered, though in different language by other instructions given at the trial.</p> <p>2. Instructions not applicable to the evidence in a case are properly refused.</p> <p>.3. In order to justify a homicide on the ground of self-defense under our statutes, there must be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there must be imminent danger (really or apparently) of such desgn being accomplished While the danger need not be actual, nor the necessity to kill real, yet the circumstances surrounding, and as they appear to the slayer at the time he does take life must be such as would induce a reasonably cautious man to believe that the danger was actual and imminent, and the necessity real, in order that the slayer may be justified in acting upon his own belief to that effect.</p> <p>4. Instructions which inform the jury that the evidence proves certain .material facts are properly refused, though there is uncontradieted evidence of such facts before the jury. While instructions given under such circumstances though erroneous, may not cause reversal, such instructions are always properly refused, as being charges upon the facts.</p> <p>.5. It can no longer be regarded as an open question in this State, that an indictment properly framed for murder in the first degree charges likewise murder in every other degree and manslaughter, and that under an indictment so framed a conviction for murder in a less degree or manslaughter can be sustained.</p>