Thomas v. State

LETTS, Chief Judge.

After a quarrel, the defendant fatally stabbed the victim. He was charged with and tried for second degree murder, but the jury brought back a third degree verdict. The defendant claims on appeal that his sole theory at trial was self defense and therefore there was no underlying felony to sustain a third degree murder instruction which he requested. See Mahaun v. State, 377 So.2d 1158 (Fla.1979).1

We find this argument without merit, and write on it only to prevent its repetition as a point on appeal in the future.

We are only too familiar with our Supreme Court’s absolute…