Hosnedl v. State

Appellant raises the following issue for our consideration: whether the trial court erred in denying appellant’s requested *402jury instructions on the justifiable use of non-deadly force and in defense of property, where there was evidence that appellant’s firearm discharged accidentally. We find that the trial court did not err in declining to give the requested jury instructions, since the discharge of the firearm is a use of deadly force as a matter of law.

During trial, the state presented testimony that Darren Williams brought a bottle of liquor, which in fact belonged to his sister,…