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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE COUNTY,
FLORIDA.
CASE N0. 78-401
JACKIE MOORE a/k/a VIVIAN )
REESE, )
Appellant,
OPINION AND JUDGMENT
v.
ON APPEAL
STATE OF FLORIDA,
Appellee.
In this case the jury returned verdicts of guilty of two
counts of attempted resisting an officer without violence. The
jury was not instructed upon the issues of:
(1) the right to resist an illegal arrest without force, and
(2) the right to resist with force the use of unlawful force
by an officer (§776.012).
Since these issues were raised by the evidence and instruction
upon them was requested, somewhat inartfully, by the defense, they
' should have been submitted to the jury under proper instructions.
i
Lowery v. State, 356 So.2d 1325 (F1.4th DCA 1978).
For the foregoing reasons, the Judgments below are hereby
s
reversed and the cause is remanded for a new trial.
DONE and ORDERED in Stuart, Martin County, Florida, this
day of May, 1979.
k
I JUD
Co ies furnished:
P
Honorable William G. Tye
~ Burton Conner, Esquire
Gerald Lefebvre, Esquire
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