Thomas v. State

584 So.2d 1022 (1991)

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Nature of the Case

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Facts

The victim and a girlfriend each gave D $10 to purchase some crack cocaine for them. D did not find any in the area, so he sent the money back to the victim through another person. D learned that the victim did not give the girlfriend her $10, so d also reimbursed her. Later, D walked up to the victim with a revolver in his right hand. D demanded the victim give back the $10 D had paid to the girlfriend, and the victim kept saying he did not know what Thomas was talking about. D the gun back to hit the victim to make him understand that he could not get away with taking D's money. The victim blocked it with his left arm and the gun went off. At that point, the victim handed D the money and said, 'You shot me.' D disclaimed any intent to shoot the victim. The jury was instructed on both premeditated murder and felony murder and armed robbery with a firearm under count two, without the so-called 'good faith' or 'claim of right' instruction requested by D. D was found guilty and appealed.