Janus v. State

477 So.2d 644 (1985)

Miroslav JANUS, Appellant,

v.

STATE of Florida, Appellee.

No. 84-2753.

District Court of Appeal of Florida, Second District.

October 9, 1985.

Dennis J. Rehak, Fort Myers, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

Defendant raises three issues in his appeal from a conviction for aggravated assault. We find no merit in the first two issues but reverse on the third.

With respect to defendant's first contention on appeal, the trial court did not err in refusing to give a jury instruction as to the justifiable…