Hedges v. State

In Hedges v. State, 172 So. 2d 824 (Fla. 1965), the jury was instructed that the defendant had to use all reasonable means consistent with her own safety to avoid the danger before resorting to deadly force in self-defense. 172 So. 2d at 826-27. The Court found that the instructions were incomplete because, without the privilege of nonretreat instruction, the jury may have believed that the defendant had a duty to retreat from her home. See id. at 827. The Court applied the privilege of nonretreat from the residence where the attacker was not an intruder but an invitee with the defendant's permission to be on the premises. In that case, the defendant and the victim had maintained a long-term intimate relationship, and on the morning of the shooting the victim was an invitee, lawfully in the defendant's home. See Hedges v. State, 165 So. 2d 213, 214-15 (Fla. 2d DCA 1964), quashed, 172 So. 2d 824 (Fla. 1965). In instructing the jury on the law of self-defense, the trial court informed the jury that the defendant was required to use "all reasonable means within his power and consistent with his own safety to avoid the danger and avert the necessity of taking human life." Hedges, 172 So. 2d at 826. The trial court failed to instruct the jury that the defendant was under no duty to retreat from her residence. See id. at 827. In reversing the conviction of manslaughter, our Court held: The instruction correctly stated the law as far as it went but again it was not complete. The quoted language placed upon the accused the duty to use all reasonable means consistent with her own safety to avoid the danger and avert the necessity of taking human life. To the lay mind this well could be construed to mean the duty to run or to get out of the way. There is no such duty when one is assaulted in his own home, despite the common law duty to "retreat to the wall" when one is attacked elsewhere. Pell v. State, 97 Fla. 650, 122 So. 110 (1929). While Pell involved a trespasser, it clearly states the rule to be that when one is violently assaulted in his own house or immediately surrounding premises, he is not obliged to retreat but may stand his ground and use such force as prudence and caution would dictate as necessary to avoid death or great bodily harm. When in his home he has "retreated to the wall." Pell further decides that such an instruction should be an element of the charge on self-defense where the evidence supports it. Other courts have held that a man is under no duty to retreat when attacked in his own home. His home is his ultimate sanctuary. (172 So. 2d at 826-27.)