Delagado v. State
Decision Date | 21 February 1978 |
Docket Number | No. 76-2325,76-2325 |
Citation | 361 So.2d 726 |
Parties | Adolfo Gerda DELAGADO, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Larry S. Weaver, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant, convicted of manslaughter, appeals on the ground that the State had not proved beyond a reasonable doubt that he did not act in self-defense.
The State relied exclusively on Appellant's statement, which was to the effect, that he, the deceased and a third man were listening to music and drinking in appellant's apartment. The other two men started arguing. Appellant quieted them. Appellant then went to the bathroom and the two men started threatening him. Neither of the men were armed but one man did have possession of a bottle. Appellant returned from the bathroom with a gun, told the two men to leave and they proceeded to call him names. Appellant then stated that he "shot Juan to scare him." He fired several more shots and ran.
Appellant killed one unarmed man and wounded the second because they verbally abused him. There is no self-defense here.
Darty v. State, 161 So.2d 864, 872-73 (Fla.2d DCA 1964). (emphasis added).
Appellant's second point is that the following prosecutorial comment improperly referred to the appellant's right to...
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Smiley v. State, TT-357
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Lopez v. State, 93-53
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