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Florida Statute 782.02 | Lawyer Caselaw & Research
F.S. 782.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 782.02

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.02
782.02 Justifiable use of deadly force.The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
History.ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.

F.S. 782.02 on Google Scholar

F.S. 782.02 on Casetext

Amendments to 782.02


Arrestable Offenses / Crimes under Fla. Stat. 782.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 782.02.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. There is no material distinction. Police officers are trained to, and have little choice but to, use deadly force to stop a civilian who threatens them, their fellow officers, and the public at large. See FLA. STAT . § 782.02 (2022). A civilian, aware of this fact, threatens the officers to provoke this predictable and lethal response in the same way that the man who throws himself before a train anticipates the predictable, lethal outcome of being run over. In both cases, a person intentionally causes his own death, even if an external force delivers the fatal blow. In other words, he commits "suicide."
    PAGE 871
  2. After the lawyers and trial court agreed that the duty-to-retreat instruction did not apply and would not be given, they revisited the description of when deadly force would be justified. A few pages later in the transcript, they discussed whether to give an instruction on justifiable use of deadly force under section 782.02, Florida Statutes, which provides that "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be." § 782.02, Fla. Stat. (2014). The court stated an inclination to give the instruction under section 776.012(2) instead because that "covers it all." It appears the trial court was focused only on the first sentence of section 776.012(2), which provides, "A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." Comparing the provisions, section 776.012(2) expressly…
  3. Mohammed v. State

    309 So. 3d 269 (Fla. Dist. Ct. App. 2020)
    In Knight ’s wake, we must now determine whether it is fundamental error not to issue the Introduction to Attempted Homicide instruction when the jury returns a conviction for attempted second-degree murder. We begin by observing that Florida's standard criminal jury instructions direct trial courts to deliver the standard instruction for Introduction to Attempted Homicide in all cases involving attempted murder and attempted manslaughter. Fla. Std. Jury Instr. (Crim.) 6.1 ("Read in all attempted murder and attempted manslaughter by act cases."); Fla. Std. Jury Instr. (Crim.) 6.4 ("In the absence of an express concession that the attempted homicide was not excusable or justified, the trial judge must also read Instruction 6.1, Introduction to Attempted Homicide."). The instruction defines both excusable and justifiable homicide. Fla. Std. Jury Instr. (Crim.) 6.1; see also §§ 782.02 (defining justifiable homicide), 782.03 (defining excusable homicide), Fla. Stat. (2019).
    PAGE 273
  4. Moreover, the first instruction corresponded to a defense based on Florida's justifiable homicide statute, Fla. Stat. § 782.02 (2009), and the second corresponded to a defense based on Florida's "Stand Your Ground" statutes. Fla. Stat. §§ 776.012(1) and 776.013(3) (2009). The two instructions based on the different statutes were not irreconcilable. Pileggi v. State, 232 So. 3d 415, 417 (Fla. 4th DCA 2017) ("We hold that the two statutes are not irreconcilable and, indeed, compliment each other. Our holding is based on the well-established principle that it is reasonable for a person subject to a felonious attack to believe deadly force is necessary to stop oneself from being killed or prevent serious bodily injury.").
    PAGE 37
  5. Mordica v. State

    305 So. 3d 745 (Fla. Dist. Ct. App. 2020)   Cited 1 times
    See also § 782.02, Fla. Stat. (2019).
    PAGE 749
  6. § 782.02, Fla. Stat., and many statutes within Chapter 776 address the justifiable use or threatened use of deadly force, however, § 782.02, Fla. Stat., does not address the concept of stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the defendant was in a dwelling and had the right to be there while §§ 776.012(1), and 776.031(2), Fla. Stats., cover other situations. Judges should use great caution in deciding which statutes apply and which parts of the instruction are required to be given.
    PAGE 1251
  7. Both Chapter 776 and § Section 782.02, Fla. Stat., and many statutes within Chapter 776 address the justifiable use of deadly force , however, § 782.02, Fla. Stat., does not address the concept of stand-your-ground/no duty to retreat. Additionally, § 776.013(1), Fla. Stat., covers the situation where the defendant was in a dwelling and had the right to be there while § 776.012(1), and § 776.031(2), Fla. Stat., cover other situations. The Committee advises lawyers and judges to use great caution in deciding which statute or statutes apply.
    PAGE 911
  8. Arteaga v. State

    246 So. 3d 533 (Fla. Dist. Ct. App. 2018)   Cited 1 times
    Following the death of his infant son, Mr. Arteaga was charged with and convicted of aggravated manslaughter by culpable negligence and aggravated neglect of a child. In his amended motion for postconviction relief, Mr. Arteaga raised a claim (claim four) in which he argued that his counsel was ineffective for failing to object to the omission of the justifiable and excusable homicide portions of the manslaughter jury instruction, which he asserted provided a viable defense in his case. The complete homicide instructions would have informed Mr. Arteaga's trial jury (1) that he could not be guilty of manslaughter if the homicide was either justifiable or excusable; (2) that a homicide is justifiable if "done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was"; and (3) that a homicide is excusable if committed by accident or misfortune while doing a lawful act by lawful means, while in the heat of passion, or while in sudden combat under certain circumstances. See Fla. Std. Jury Instr. (Crim.) 7.1 (providing the justifiable and excusable homicide instruction to be read in all homicide…
  9. Pileggi v. State

    232 So. 3d 415 (Fla. Dist. Ct. App. 2017)   Cited 1 times
    The State does not dispute that the standard jury instruction given accurately tracks the language of section 782.02 and the Stand Your Ground law, but argues that the inclusion of language tracking section 782.02 was incorrect. The State's position is based on its argument that the Stand Your Ground law "revised the subject matter" of section 782.02 and in doing so, "implicitly" replaced and repealed section 782.02. Specifically, the State argues that section 782.02 is "positively repugnant" with the Stand Your Ground law because section 782.02 does not contain the adjective "imminent" when referencing the threat to the person using self-defense nor does it require a "forcible felony" as referenced in the Stand Your Ground law. We disagree.
    PAGE 417
  10. 7.7 MANSLAUGHTER § 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. (Victim) is dead. Give 2a, 2b, or 2c depending upon allegations and proof. 2. a. (Defendant) intentionally committed an act or acts that caused the death of (victim). b. (Defendant) intentionally procured an act that caused the death of (victim). c. The death of (victim) was caused by the culpable negligence of (defendant). The defendant cannot be guilty of manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide ,as I have previously instructed you .+ (The explanations of justifiable homicide and excusable homicide are in Instruction 7.1, Introduction to Homicide.) Negligence: Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. Justifiable Homicide: The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the…

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . Both Chapter 776 and § Section 782.02, Fla. . . . Stat., and many statutes within Chapter 776 address the justifiable use of deadly force , however, § 782.02 . . . Give if applicable. § 782.02, Fla. Stat. . . .

ARTEAGA, DOC v. STATE, 246 So. 3d 533 (Fla. App. Ct. 2018)

. . . the justifiable and excusable homicide instruction to be read for manslaughter charges); see also §§ 782.02 . . .

M. PILEGGI, v. STATE, 232 So. 3d 415 (Fla. Dist. Ct. App. 2017)

. . . commit any felony upon him or her or upon or in any dwelling house in which such person' shall be. § 782.02 . . . and in doing só, “implicitly” replaced and repealed section 782.02. . . . Specifically, the State argues that section ■ 782.02 is “positively repugnant” with the Stand Your Ground . . . law because section 782.02 does not contain the adjective “imminent” when referencing the threat to . . . Section 782.02, in turn, echoes the reasonableness element of Stand Your Ground Law by providing that . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . . § 782.02—Fla, Stafe Excusable Homicide: The killing of a human being-is-excusabh^ and-tbercforc lawful . . .

MARTY, v. STATE, 210 So. 3d 121 (Fla. Dist. Ct. App. 2016)

. . . Compare §§ 776.012(2), .031(2), 782.02, with §§ 776.012(1), .031(1). . . . Valenzuela would commit a forcible felony against him or his property, see §§ 776.012(2), .031(2), 782.02 . . .

UNITED STATES v. MENDOZA- PADILLA, AKA AKA, 833 F.3d 1156 (9th Cir. 2016)

. . . . § 782.02. . . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . Both Chapter 776 and § 782.02, Fla. Stat., address the justifiable use of deadly force. . . . . ■§ 782.02, Fla. Stat. . . .

COALITION FOR SECULAR GOVERNMENT, a v. WILLIAMS,, 815 F.3d 1267 (10th Cir. 2016)

. . . By that time, the anti-annexation residents had received $782.02 in nonmonetary contributions. . . .

JUSTICE, Jr. O v. HOSEMANN, M. III,, 771 F.3d 285 (5th Cir. 2014)

. . . Buescher, for instance, Colorado plaintiffs alleged that they spent $782.02 to oppose a petition that . . .

CAMPBELL, v. STATE, 143 So. 3d 992 (Fla. Dist. Ct. App. 2014)

. . . Specifically, the trial court instructed the jury, in relevant part, as follows: JUSTIFIABLE HOMICIDE F.S. 782.02 . . .

WORLEY, v. FLORIDA SECRETARY OF STATE, L., 717 F.3d 1238 (11th Cir. 2013)

. . . Sampson, where the Tenth Circuit found that similar PAC requirements imposed on a group that raised just $782.02 . . . individuals who reported “non-monetary contributions (signs, a banner, postcards, and postage) totaling $782.02 . . .

LEWIS, v. CENTRAL STATES, SOUTHEAST SOUTHWEST AREAS PENSION FUND, 484 F. App'x 7 (6th Cir. 2012)

. . . -June July-Sept. 1976 782.02 1,268.68 1977 764.50 1.106.90 4.008.61 4.908.71 . . . .

MANY CULTURES, ONE MESSAGE, v. CLEMENTS,, 830 F. Supp. 2d 1111 (W.D. Wash. 2011)

. . . “It would take a mighty effort to characterize the [plaintiffs’] expenditure of $782.02,” the Tenth Circuit . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . . § 782.02, Fla. Stat. . . .

G. HATCHETT, v. BARLAND, a a a a A., 816 F. Supp. 2d 583 (E.D. Wis. 2011)

. . . short, Sampson found a poor relationship between any informational interest and the expenditure of $782.02 . . .

ODEH, v. STATE, 82 So. 3d 915 (Fla. Dist. Ct. App. 2011)

. . . Florida Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which section 782.02 . . . In instructing the jury on the justifiable use of deadly force under Section 782.02, the first alternative . . .

SAMPSON v. BUESCHER, NYU, 625 F.3d 1247 (10th Cir. 2010)

. . . July 13, 2006, showed nonmonetary contributions (signs, a banner, postcards, and postage) totaling $782.02 . . . It would take a mighty effort to characterize the No Annexation committee’s expenditure of $782.02 for . . . would expect, as was the case here, that an attorney’s fee would be comparable to, if not exceed, the $782.02 . . . In addition to the $782.02 in in-kind contributions reported on July 13, 2006, the committee received . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . . § 782.02, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . . § 782.02, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . . § 782.02, Fla. Stat. . . .

FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION, INC. v. MARSHALL, 943 So. 2d 976 (Fla. Dist. Ct. App. 2006)

. . . Stat. (2003), and justifiable homicide, see § 782.02; Fla. Std. Jury Instr. . . .

MURRAY, v. STATE, 937 So. 2d 277 (Fla. Dist. Ct. App. 2006)

. . . Court: For 782.02, if I tell the Jury that he was trying to prevent an attempt to commit aggravated battery . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 930 So. 2d 612 (Fla. 2006)

. . . subpart 3 in the portion of the instruction dealing with claims of self-defense predicated on section 782.02 . . . Give if applicable. § 782.02, Fla. Stat. . . .

PENA, v. STATE, 901 So. 2d 781 (Fla. 2005)

. . . concur. .The Florida Standard Jury Instructions in Criminal Cases provides: Justifiable Homicide § 782.02 . . .

PENA, v. STATE, 829 So. 2d 289 (Fla. Dist. Ct. App. 2002)

. . . .§ 782.02, Fla. Stat. . . .

DIAS, v. STATE, 812 So. 2d 487 (Fla. Dist. Ct. App. 2002)

. . . He relies on both section 782.02, Florida Statutes (1997), and the “castle doctrine.” . . . Section 782.02 provides “[t]he use of deadly force is justifiable when a person is resisting any attempt . . .

M. QUAGGIN, v. STATE, 752 So. 2d 19 (Fla. Dist. Ct. App. 2000)

. . . .” § 782.02, Fla. Stat. (1997). . . .

HALL, v. STATE, 677 So. 2d 1353 (Fla. Dist. Ct. App. 1996)

. . . See also §§ 782.02, 782.03, Fla. Stat. (1993). . . .

STATE v. M. ASHLEY,, 670 So. 2d 1087 (Fla. Dist. Ct. App. 1996)

. . . intended to hurt the baby); and 2. which act was not: a. justifiable homicide under either section 782.02 . . .

CONGLETON, C. v. SANSOM, I., 664 So. 2d 276 (Fla. Dist. Ct. App. 1995)

. . . .” § 782.02, Fla.Stat. (1993). . . .

STATE v. WHITE,, 642 So. 2d 842 (Fla. Dist. Ct. App. 1994)

. . . . § 782.02, Fla.Stat. However, that is a defense to a charge. . . .

J. CHILLEMI K. v. E. RORABECK, 629 So. 2d 206 (Fla. Dist. Ct. App. 1993)

. . . Sellers appeal a final judgment of $314,-782.02 entered after a summary judgment on liability and a hearing . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . JUSTIFIABLE HOMICIDE F.S. 782.02 The killing of a human being is justifiable homicide and lawful if necessarily . . .

CARPENTIER, v. STATE, 587 So. 2d 1355 (Fla. Dist. Ct. App. 1991)

. . . kill a law enforcement officer that would amount only to manslaughter or would be excused by sections 782.02 . . .

HERMANSON v. STATE, 570 So. 2d 322 (Fla. Dist. Ct. App. 1990)

. . . justifiable use of deadly force to resist murder or commission of a felony upon a person or in a dwelling (782.02 . . .

THOMPSON, v. STATE, 552 So. 2d 264 (Fla. Dist. Ct. App. 1989)

. . . Section 782.02, Florida Statutes (1987), provides: “The use of deadly force is justifiable when a person . . .

SEGARS, v. STATE, 537 So. 2d 1052 (Fla. Dist. Ct. App. 1989)

. . . . §§ 782.02—.03, Fla.Stat. (1985). . . .

GARCIA, v. STATE, 535 So. 2d 290 (Fla. Dist. Ct. App. 1988)

. . . ." § 782.02, Fla.Stat. (1985). . . . .

CHESTNUT, v. STATE, 516 So. 2d 1144 (Fla. Dist. Ct. App. 1987)

. . . ." §§ 776.012, 776.031, 782.02, Fla.Stat. (1985); Falco v. State, 407 So.2d 203 (Fla.1981). . . .

COTE, v. JOWERS,, 515 So. 2d 339 (Fla. Dist. Ct. App. 1987)

. . . The Florida Statute 782.02 states, the killing of a human being is justifiable homicide and lawful if . . . I also think that that part of the jury instruction which refers to section 782.02, Florida Statutes . . . attempt shall have failed, shall be deemed guilty of manslaughter ...” limits the scope of section 782.02 . . . by the person slain, may be deemed manslaughter, where a plea of justifiable homicide under [section 782.02 . . . the trial court’s statement of the law of justifiable use of deadly force, as it appears in section 782.02 . . .

BAKER, v. STATE, 506 So. 2d 1056 (Fla. Dist. Ct. App. 1987)

. . . Section 782.02, Florida Statutes (1985), provides: "The use of deadly force is justifiable when a person . . .

IN RE THE MATTER OF KEITH A. ROZIER, 17 Fla. Supp. 2d 52 (Orange Cty. Ct. 1986)

. . . Section 782.02 (1975) or Chapter 776 of the Florida Statutes, or it is not excusable under Fla. . . . All of Chapter 776 and Section 782.02, Florida Statutes, address justifiable uses of force. . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . 5 3.04 (d) JUSTIFIABLE USE OF DEADLY FORCE Not* to Judge Read in all cases Give if applicable F.S. 782.02 . . .

A. TERRY, v. STATE, 467 So. 2d 761 (Fla. Dist. Ct. App. 1985)

. . . person that danger was imminent and that there was a real necessity for the taking of life); see also § 782.02 . . .

DUNN, v. STATE, 454 So. 2d 641 (Fla. Dist. Ct. App. 1984)

. . . Because the shooting or even killing of another person may be justifiable (see § 782.02 and ch. 776, . . .

BROWN, Jr. v. STATE, 454 So. 2d 596 (Fla. Dist. Ct. App. 1984)

. . . Florida Statute § 782.02 (1981) provides: Justifiable use of deadly force. . . . The justifiable homicide statute, section 782.02, Florida Statutes (1981), is declaratory of the common . . .

ALEXANDER, v. STATE, 450 So. 2d 1212 (Fla. Dist. Ct. App. 1984)

. . . Sections 776.012 and .031, and 782.02, Florida Statutes, reinforce this view by making it lawful to use . . .

AIKEN, v. STATE, 425 So. 2d 641 (Fla. Dist. Ct. App. 1983)

. . . Sk * 5j« # % It is clear from reading the provisions of Section 782.02, - justifiable • homicide, and . . .

D. COBB, v. L. WAINWRIGHT,, 666 F.2d 966 (5th Cir. 1982)

. . . . § 782.02 (1975) or Chapter 776 of the Florida statutes, or is not excusable under Fla.Stat. § 782.03 . . . 782.11 (1975), the jury had to determine that the homicide was neither justifiable under Fla.Stat. §§ 782.02 . . . deadly force to resist an attempt to take his life or to commit a felony upon his person, Fla.Stat. § 782.02 . . . Fla.Stat. § 782.02 (1975) provides that “[t]he use of deadly force is justifiable' when a person is resisting . . .

FALCO, v. STATE, 407 So. 2d 203 (Fla. 1981)

. . . provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 . . . Section 782.02, entitled “Justifiable use of deadly force” states: The use of deadly force is justifiable . . . the presence of a person to justify the use of deadly force in defense of his dwelling, (see section 782.02 . . . Therefore, in light of section 782.02 and the castle doctrine, and our construction of section 776.031 . . .

McCAULEY, v. STATE, 405 So. 2d 1350 (Fla. Dist. Ct. App. 1981)

. . . See also §§ 776.012, 782.02, Fla.Stat. (1979). . . . .

STATE v. BOBBITT,, 389 So. 2d 1094 (Fla. Dist. Ct. App. 1980)

. . . See § 782.02, Fla.Stat. (1977); Hedges, supra; State v. . . .

D. COBB, v. STATE, 376 So. 2d 230 (Fla. 1979)

. . . provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 . . .

STATE v. BRAYMAN, 49 Fla. Supp. 1 (Broward Cty. Ct. 1979)

. . . Court of Florida, in citing the ConnaEy and Brock language, held that the wording of Florida Statute 782.02 . . .

JONES, a k a v. STATE, 356 So. 2d 4 (Fla. Dist. Ct. App. 1977)

. . . Section 782.02, Florida Statutes (1975). . . .

C. BARNES, v. STATE, 348 So. 2d 599 (Fla. Dist. Ct. App. 1977)

. . . Section 782.02, Florida Statutes (1975). The error complained of is in three occurrences at trial. . . .

MATTIS, MD. v. R. SCHNARR, v. C. DANFORTH,, 404 F. Supp. 643 (E.D. Mo. 1975)

. . . . § 782.02 (1965) Georgia: Code of Ga. § 26-901 (1971) Hawaii: Hawaii Rev.Stat. . . .

STATE v. WADE,, 305 So. 2d 851 (Fla. Dist. Ct. App. 1974)

. . . then was that of an aggressor, and the resultant killing would not be a justifiable homicide under § 782.02 . . .

C. FORD, v. STATE, 292 So. 2d 390 (Fla. Dist. Ct. App. 1974)

. . . The court properly charged the jury on the degrees of homicide, and on justifiable homicide (§ 782.02 . . .

HANCOCK, v. STATE, 276 So. 2d 223 (Fla. Dist. Ct. App. 1973)

. . . felonious assault than he would occupy had he killed the aggressor, as he is permitted to do by Section 782.02 . . .

McKINNEY, v. STATE, 260 So. 2d 239 (Fla. Dist. Ct. App. 1972)

. . . See § 782.02 (2) (b) Fla.Stat., F.S.A. . . .

STINSON, v. STATE, 245 So. 2d 688 (Fla. Dist. Ct. App. 1971)

. . . The defense of one’s relatives or one’s self is not the only circumstance for invoking Section 782.02 . . . Appellant has italicized the portions of Section 782.02 which were omitted from the court’s charge and . . . commit any felony upon him [appellant]”, circumstances delineated in subsection (2) (a) of Section 782.02 . . .

WHITEHEAD, v. STATE, 245 So. 2d 94 (Fla. Dist. Ct. App. 1971)

. . . of the categories of “excusable homicide” or was “justifiable homicide” within the provisions of § 782.02 . . . Now “justifiable homicide” is defined by F.S.1969, § 782.02, F.S.A., as follows: “1. . . . crimes embraced within the crime charged or germane to the defense, the provisions of paragraph (1) of § 782.02 . . . was some evidence, the court should have completely defined “justifiable homicide” as provided in § 782.02 . . .

A. FRANK, v. STATE, 237 So. 2d 823 (Fla. Dist. Ct. App. 1970)

. . . was sufficient to require the trial court to instruct the jury as to the provision found in Section 782.02 . . .

ROSS, v. L. WAINWRIGHT,, 224 So. 2d 779 (Fla. Dist. Ct. App. 1969)

. . . See Section 782.02(2) (b), Florida Statutes, F.S.A. . . .

E. WEAVER, v. STATE, 220 So. 2d 53 (Fla. Dist. Ct. App. 1969)

. . . The basis for such an instruction is found in § 782.02(2)(a), F.S.A., which section defines justifiable . . .

BAGLEY, v. STATE, 119 So. 2d 400 (Fla. Dist. Ct. App. 1960)

. . . Section 782.02, Florida Statutes, 1957, F.S.A., defines justifiable homicide and provides, among other . . . in his charge on justifiable homicide failed to charge as to that portion of paragraph 2 of Section 782.02 . . . The given charge wholly ignored that part of subsec. 2 of Section 782.02, Florida Statutes, F.S.A., relative . . .

HARRIS, v. STATE, 104 So. 2d 739 (Fla. Dist. Ct. App. 1958)

. . . Section 782.02, F.S.A., provides: “Homicide is justifiable when committed by any person in either of . . .

H. TIPTON Jr. v. STATE, 97 So. 2d 277 (Fla. 1957)

. . . It is clear from reading the provisions of Section 782.02, justifiable homicide, and Section 782.03, . . .

ALFRED SNIPES, ALFORD SNIPES v. STATE OF FLORIDA, 156 Fla. 85 (Fla. 1945)

. . . The law is: Sec. 782.02. “. . . . . .

LINDSEY J. MOTLEY v. STATE OF FLORIDA, 155 Fla. 545 (Fla. 1945)

. . . The law can'be stated in no better fashion than in-the language of the statute, Sec. 782.02, F.S. 41: . . .

PEARL McADEN v. STATE OF FLORIDA, 155 Fla. 523 (Fla. 1945)

. . . in its instructions to the jury on the law of self defense because it was not authorized by Section 782.02 . . .