LUCRETIA BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks reversal of her conviction of second degree murder. She claims that the trial court erred in refusing to instruct the jury on justifiable and excusable homicide, and in failing to give an instruction which properly placed the burden of proof upon the State as to her insanity defense. When the court gives an instruction on manslaughter, it must also give an instruction on justifiable and excusable homicide. See Hedges v. State, 172 So. 2d 824 (Fla.1965); Pouk v. State, 859 So. 2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So. 2d 983 (Fla. 2d DCA 1984). Therefore, we hold that the trial court erred when it failed to properly instruct the jury, and we reverse and remand this case for a new trial. Because of this holding we need not reach appellant’s second point on appeal.
REVERSED and REMANDED.
HERSEY, HURLEY and DELL, JJ., concur.
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Rojas v. State, 552 So. 2d 914 (Fla. 1989)…g manslaughter occurred when the jury requested a reinstruction on the different degrees of murder. However, subsequent cases have applied the same principle to instructions first given to the jury before it retires for deliberation. Brown v. State, 467 So. 2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So. 2d 983 (Fla. 2d DCA 1984). The error has been deemed fundamental when it occurs during the original instructions, Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986), but an objection is required to pres…
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Telesford Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986)…omicide or murder. Courts have consistently held that an instruction defining justifiable and excusable homicide is necessary to provide a complete instruction on the crime of manslaughter. Hedges v. State, 172 So. 2d 824 (Fla.1965); Brown v. State, 467 So. 2d 323 (Fla. 4th DCA 1985); Niblack v. State, 451 So. 2d 539 (Fla. 2d DCA 1984); Pouk v. State, 359 So. 2d 929 (Fla. 2d DCA 1978). In addition, our supreme court has said that the term “culpable negligence” must be defined as part of the jury instruction o…
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Ortagus v. State, 500 So. 2d 1367 (Fla. 1st DCA 1987)…n on manslaughter it is reversible error for the court to fail to give an instruction on justifiable and excusable homicide. See, Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986); Smiddy v. State, 468 So. 2d 466 (Fla. 4th DCA 1985); Brown v. State, 467 So. 2d 323 (Fla. 4th DCA 1985); Delaford v. State, 449 So. 2d 983 (Fla. 2d DCA 1984); Pridgeon v. State, 425 So. 2d 8 (Fla. 1st DCA 1982); Kelsey v. State, 410 So. 2d 988 (Fla. 1st DCA 1982); Gross v. State, 397 So. 2d 313 (Fla. 4th DCA 1981); Lawson v. State,…
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- Whitney v. Colonial INN, 172 So. 2d 824 (Fla. 1965)
- Delaford v. State, 449 So. 2d 983 (Fla. 2d DCA 1984)