JAMES NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES NELSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
371 So. 2d 706
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 6 cases
Opinion of the Court
LETTS, Judge.
This appeal comes to us because the trial court failed to include an instruction on excusable homicide. The appellant was convicted of second degree murder. We reverse.
The judge instructed the jury on manslaughter and justifiable homicide but refused to give the instruction on excusable homicide. This was error because manslaughter cannot be adequately defined without it. Robinson v. State, 338 So. 2d 1309 (Fla. 4th DCA 1976); Pouk v. State, 359 So. 2d 929 (Fla. 2d DCA 1978).
REVERSED AND REMANDED.
DAUKSCH and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gross v. State, 397 So. 2d 313 (Fla. 4th DCA 1981)…essary to include also a definition of the exclusions. Id. Thus, irrespective of the facts of the case, a reinstruction on excusable and justifiable homicide is required in order to provide a complete reinstruction on manslaughter. Nelson v. State, 371 So. 2d 706 (Fla. 4th DCA 1979), cert. denied, 383 So. 2d 1203 (Fla.1980); Pouk v. State, 359 So. 2d 929 (Fla. 2d DCA 1978); Robinson v. State, 338 So. 2d 1309 (Fla. 4th DCA 1976); Whitehead v. State, 245 So. 2d 94 (Fla. 2d DCA 1971). Accordingly, we are compe…
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Lowe v. State, 500 So. 2d 578 (Fla. 4th DCA 1986)…, a reinstruction on excusable and justifiable homicide is required in order to provide complete reinstruction on manslaughter. Id. at 826; Gross v. State, 397 So. 2d 313, 314 (Fla. 4th DCA), rev. denied, 399 So. 2d 1146 (Fla.1981); Nelson v. State, 371 So. 2d 706 (Fla. 4th DCA 1979), cert. denied, 383 So. 2d 1203 (Fla.1980). The jurors in the case sub judice requested the court to “[pjlease go over the three points constituting second and third degree murder and manslaughter.” Since the jury’s request includ…
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Nelson v. State, 399 So. 2d 79 (Fla. 4th DCA 1981)…dy trial grounds. In 1977, defendant was charged and found guilty of second degree murder. On appeal, this court reversed and remanded for a new trial because the trial [*80] court had failed to give an appropriate jury instruction. Nelson v. State, 371 So. 2d 706 (Fla. 4th DCA 1979). This court’s mandate was filed with the trial court on July 23, 1979. On August 3, 1979, the state filed a petition for certiorari seeking review before the Florida Supreme Court and on August 8, 1979, the state filed a motion i…
Authorities Cited
- Pouk v. State, 359 So. 2d 929 (Fla. 2d DCA 1978)
- Robinson v. State, 338 So. 2d 1309 (Fla. 4th DCA 1976)