Fla. Stat, (1981) - Florida State University College of Law

standing that he had a defense to tbe charge.
416, 146 N.E. 646 (1925), the accusedts liabilitywas predicated on a robbery-
murder theory, since he, by the prosecution's version, helpsd plan the robbery
that resulted in the murder for ten percent of the "lmt". Duress was held to
be a valid defense ta the robbery and, therefore, to the mder.
Milam, 156 N.E. 2d 840 (&o 1959), a defendant's first degree nnurder convictioh,
(based on his participation in a robkxy which resulted in the murder of a
policeman during the getaway) was reversed due to ccsrcpelling evidence of
coercion by the two co-defendants.
Wright, duress was ruled to be unavailable as a defense to felony mder where
the defendant was the killer:
In People v. Pantano, 239 N.Y,
In State v.
In another case cited with approval in
According to (defendant), one of his capanions in the
carmission of the robbery ... told him he would kill
him if he didn't kill (victim). ?his is not a case
where one is co-aced into the carmission of a lesser
felony and a hdcide is Comitted by a caqanion during
the perpetration of the lesser felony. Jackson w. Stake,
558 S.W. 2d 816 (kb. 1977).
Other jurisdictions have assured, without deciding, that duress can
be a defense to prditated murder where the accused is an acmnplice, People
v Wpke, 103 Mi&. 459, 61 N.W. 861 (1895); State v. - Clay, 264 N.W. 77 (Ima
1935); State v. b%e, 341 So. 2d 348 (la. 1977), Rizzolo v. CmtWXwealth, 126
Pa. 54, 17 A. 520 (1889); or even the principal, Arp - v. State, 97 =a. 5,
12 So. 301 (1893).
At least one court has held that duress can be a defense to
prditated murder, even for a principal in the killing:
39 Cal. App. 3d 398, 114 Cal. F!ptr. 413 (1974).
Mple v. lbran,
The defendant's position is that the lower court should not have granted
the state's instruction that duress is not a defense to Mcide for the follming
reasons :
1. It is an incorrect staterrent of law, because duress is and
and should be a defense to felony-rwrder for an accmplice, and to
prmitated murder for a mere accwnplice who does not actually
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