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Initiated this or provoked it, it is rather the victim who provoked it. i think the facts testified to leave both inferences equally valid. there are facts to support both and that is the reason i think the instruction should be given to the jury. they're free to arg argue, that, what the defendant did either does not constitute provocation or the victim did all the provocation. i think the facts, as testified to by the eye and ear witnesses as well as the defendant's own statements and let me add to the fact that when you add on top of that, that the defendant's own statements, some of them h...

With manslaughter instead, because they think that's a better chance under their theory of prosecution whatever it may actually be, since we haven't heard it yet, they could do that. but we object. we want this to go to the jury on second degree murder only. >> thank you. based upon state vs. montgomery 35 law weekly, the supreme court 204, also cited at 39 southern 3rd 252, from 2010, the court will give the instruction on manslaughter. as a category 1. >> thank you, your honor. the instruction as to manslaught manslaughter, i don't know that there is any quarrel with how that is worded becau...

Was correct. if it results in death it can indeed be third degree murder and the defendant is entitled to such an instruction to the jury and onto the next page after si corroboration in that ca case -- after citation in that case. we find the failure to give the instruction to have been reversible error. the next case is j-a-k-u-v-o-w-s-k-i. which is a second district court of appeal decision from 1986. again, here we have a third degree felony murder. in that case, the victim was 6 years old. based on underlying felony of child abuse. and in that case, the defendant was charged both with sec...

Also, there is some instructions to give only if there is evidence of what is seeking to be defined. >> the basis for the 776.412 instruction is chapter 776.012 which the court just read and the court read it correctly, that it requires, one, justified in the use of deadly force doesn't have the duty to retreat if one -- >> 776.012. i'm looking at the instruction. >> well the -- but -- i'm saying the instruction refers you to the statute. i'm reading the statute. >> okay. >> the statute says a person is justified in using force to accept deadly force against another when to the extent the pers...

Guessing game? >> i'm at the very least think she will let a charge in for manslaughter and maybe even aggravated assault. in some respects a count like aggravated assault poses a bigger danger to zimmerman than anything else. the murder case is -- i agree, it's very very weak. it's unlikely you get a conviction there. manslaughter remain as stretch as well. would the jury compromise with aggravated assault or something lesser which could still put him in jail for a period of time. i guess we're going back into court. thanks. >> let's go back to the judge. >> we'll get to the point on the inst...