Quote:
Originally Posted by Carl in Tampa
Your logic is impeccable, but it won't work.
I used to have a friend who was a Judge on the Florida Second District Court of Appeals. I used to sit in on the sessions when we were going to lunch together.
One day when I was there a case came before them in which an elderly man had been convicted of murder for shooting a younger man.
The old man was living with the younger man's mother. On the last three occasions, when the younger man came to his mother's house he severely beat and robbed the old man.
On his fourth visit he was shot and killed by the old man as he entered the house.
The lawyer for the old man argued the logic which you have posted. The old man was in fear of great bodily harm (with good reason) and because of his age it was a greater crime (felony.)
The appeal was denied by a three Judge panel.
I think the old man might have fared better if he had let the younger strike at least one blow before he shot him.
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I would appreciate it if you post the date of this incident and if you recall the name of the convicted person. If the shooting occurred before the date of the stand your ground law it does not apply. Also if the appeal was based on an attempt to overturn a jury verdict there needs to be an error in application of law or evidence or legal representation etc for a conviction to be reversed.