Butler v. State of Florida

Upon an indictment charging’ murder in the first degree, plaintiff in error, who will hereafter be referred to as the defendant, was convicted of manslaughter and has taken writ of error to the judgment.

At the trial the defendant relied upon self-defense.

Amongst other things, the court charged the jury as follows: “Before one not reasonably free from blame in the inception of the difficulty can justify a homicide under the plea of self-defense he must have honestly and bona fide declined the combat.” This language was used in connection with the court’s charge upon the rule of apparent or…