Quote:
The state failed to specifically deny by traverse under oath the allegations that defendant believed the deceased was [**3] going for a gun, and this fact is considered admitted by the state. State v. Giesy, 243 So.2d 635 (Fla. 4th DCA 1971). As manager of the cafe, defendant was not obligated to retreat from his place of business. See Annot., 41 A.L.R.3d 584 (1972). Self defense is a valid defense.
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The state admitted that the manager thought the guy was going for a gun. That, plus the fact that he had no duty to retreat, was enough to exonerate him.