Snell v. State

Appellant seeks reversal of his conviction of murder in the second degree and the resulting sentence to life imprisonment, on the ground that the trial court refused a requested instruction on unnecessary killing to prevent an unlawful act, Florida Statute 782.11.

The record reveals that appellant went into a bar operated by one Rhea. Appellant ordered a beer which was served by Rhea. In the meantime harsh words passed to and fro between them. Appellant contends that Rhea advanced toward him saying “I’ll really mess you up this time”, whereupon appellant pulled a gun and shot Rhea twice.

Appella…