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371 So. 2d 706
Fla. Dist. Ct. App.
1979
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.

Case Details

Case Name: Nelson v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 6, 1979
Citations: 371 So. 2d 706; 1979 Fla. App. LEXIS 14864; No. 77-1472
Docket Number: No. 77-1472
Court Abbreviation: Fla. Dist. Ct. App.
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