The 2023 Florida Statutes (including Special Session C)
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. . . argued that the trial court erred by: (1) failing to instruct the jury on manslaughter pursuant to § 782.11 . . .
. . . See § 782.11, Fla. Stat. (1997). . . .
. . . Alternatively, appellant argues that, pursuant to section 782.11, Florida Statutes (1994), the motion . . . An unnecessary killing pursuant to section 782.11 is not the same as a killing in self-defense. . . . defendant charged with murder who claims self-defense is not entitled to an instruction based on section 782.11 . . . The 1994 version of section 782.11 provides, "Whoever shall unnecessarily kill another, either while . . .
. . . . § 782.11 (unnecessary killing to prevent an unlawful act). . . .
. . . appellant contends that the trial court should have instructed the jury on manslaughter pursuant to section 782.11 . . . has used all reasonable means to avoid the danger and is not entitled to instruction based on section 782.11 . . .
. . . . § 782.11 which is entitled Unnecessary Killing to Prevent Unlawful Act. Fla. . . . . §782.11 does not apply under the circumstances here. . . . Stat. § 782.11, the killing would have to occur while the deceased was in the actual act of robbing the . . .
. . . held a trial court is not required to instruct the jury on “unnecessary killing” pursuant to Section 782.11 . . .
. . . charged Officer Edward Kadet with unnecessary killing to prevent an unlawful act, a violation of section 782.11 . . . independent from one directed at the eventual defendant, here Officer Kadet, the provisions of section 782.11 . . . Section 782.11 provides as follows: Whoever shall unnecessarily kill another, either while resisting . . . In Cobb, the Florida Supreme Court upheld a conviction for unnecessary killing pursuant to section 782.11 . . . In Mitchell, the Third District reversed a conviction under section 782.11 where the record before it . . .
. . . The trial judge, who initially had instructed on second degree murder, manslaughter under section 782.11 . . . 231 (Fla.1979) (homicide committed while resisting another’s unlawful act is punishable under section 782.11 . . .
. . . unborn quick child (§ 782.09, Fla.Stat. (1981)), unnecessary killing to prevent an unlawful act (§ 782.11 . . . See §§ 782.08, 782.09, 782.11, Fla.Stat. (1981); § 316.1931(2), Fla.Stat. (Supp. 1982). . . . .
. . . . § 782.11 (West 1976), which, he says, if applicable, would make the homicide manslaughter, a second . . . not error for the trial judge to refuse the instruction, and that the defense incorporated in section 782.11 . . . The pronouncement by the Florida Supreme Court that section 782.11 does not encompass the defense presented . . . rendered fundamentally unfair by the failure of the trial court to give the instruction on section 782.11 . . .
. . . MNBD asserts that the total amount of the above loans is $49,-782.11. . . .
. . . . § 782.11 (1975) and was sentenced to fifteen years imprisonment. . . . . § 782.11 (1975) is unconstitutionally vague and because the prosecution’s evidence was insufficient . . . The jury found Cobb guilty of unnecessarily killing Eldridge in violation of Fla.Stat. § 782.11 (1975 . . . Applying this standard, we find that Fla.Stat. § 782.11 (1975) is not unconstitutionally vague. . . . Stat. § 782.11 (1975). AFFIRMED. . . . .
. . . Cobb involved a vagueness challenge against section 782.11, Florida Statutes, which makes it a felony . . . In upholding the validity of that statute we stated: When the words “unnecessarily kill” in section 782.11 . . . Read with these provisions, section 782.11 is not impermissibly vague. Id. at 231 (emphasis added). . . .
. . . opinion, the evidence did not support appellant’s requested instruction on manslaughter as defined in § 782.11 . . .
. . . The court directly and initially passed on the validity of section 782.11, Florida Statutes (1975), which . . . Cobb first asserts that section 782.11 is unconstitutionally vague, in that the phrase “unnecessarily . . . When the words “unnecessarily kill” in section 782.11 are considered together with the remainder of chapter . . . Read with these provisions, section 782.11 is not impermissi-bly vague. . . . These instructions need not be applicable to every prosecution under section 782.11. . Cf. . . . I agree that section 782.11 is constitutional; however, I believe that the uncontra-dicted evidence in . . .
. . . Statutes) and (2) manslaughter by unnecessary killing to prevent an unlawful act (in violation of Section 782.11 . . . the charge of manslaughter under Section 782.07, but was found guilty of manslaughter under Section 782.11 . . . the charge of manslaughter by unnecessary killing to prevent an unlawful act in violation of Section 782.11 . . . Absent any proof of this essential element, appellant could not be properly convicted under Section 782.11 . . . the jury on all of the essential elements required to sustain a manslaughter conviction under Section 782.11 . . . In my view, Section 782.11, Florida Statutes (1975) does not apply, as a matter of law, to a case, such . . . Carrizales, 356 So.2d 274 (Fla.1978), the supreme court held that Section 782.11, Florida Statutes (1975 . . . The purpose of Section 782.11, Florida Statutes (1975) is to reduce the charge, and therefore the penalty . . .
. . . 770 (Fla. 1st DCA 1974), upon the issue of whether the trial judge must instruct the jury on Section 782.11 . . . Court of Appeal, First District, held that the trial judge was not required to instruct on Section 782.11 . . . During the charge conference, counsel for respondent requested a jury instruction on Section 782.11, . . . remanding for a new trial on the grounds that respondent was entitled to a jury instruction on Section 782.11 . . . If, however, § 782.11, Florida Statutes were applicable in such a case and the court charged the jury . . .
. . . Section 782.11, Florida Statutes (1975). . . . does not set forth a Whitehead -type defense, and the facts do not warrant an instruction on Section 782.11 . . . Appellant contends that the trial court erred in refusing to instruct the jury on Section 782.11, Florida . . . The trial judge refused appellant’s request to instruct the jury on the provisions of Section 782.11, . . . homicide, and self-defense; however, appellant contends that had the court also instructed on Section 782.11 . . . The court there held that Section 782.11 defines a particular substantive offense of manslaughter in . . . We believe the legislative intent of Section 782.11 was to reduce the punishment of a defendant where . . .
. . . refused a requested instruction on unnecessary killing to prevent an unlawful act, Florida Statute 782.11 . . . contends that under the evidence presented, he was entitled to a requested jury instruction under § 782.11 . . .
. . . We further observe that correc-tively the provisions of § 782.11, F.S.A., are also applicable to this . . . to kill “Rocky” Doss in attempting to preserve the peace, and they were also fully charged under § 782.11 . . . defined “justifiable homicide” as provided in § 782.02(2), F.S.A., and charged on the provisions of § 782.11 . . . As to the omission to charge on § 782.11, supra, while not of itself reversible when no request is made . . .