Public-domain · open source
OpenJurist

294 So. 2d 414

Docket No. 73-748.

Martin v. State

Rayfield MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1974-05-17

Cited by 3 later decisions — most recently September 1977

3 state decisions

Relies on 172 So. 2d 824 - Hedges v. State · Stills v. State · 244 So. 2d 167 - Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-05-17

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3COWART, JOE A., Jr., Associate Judge.

¶4In reinstructing the jury at their request, the trial judge defined manslaughter (F.S. Section 782.07, F.S.A.), but failed to define excusable homicide (F.S. Section 782.03, F.S.A.), and refused to repeat a substitute "accidental" instruction requested by defense counsel.

¶5Hedges v. State, Fla.S.Ct. 1965, 172 So.2d 824; Green v. State, Fla.App. 1971, 244 So.2d 167; and Stills v. State (1 DCA 1973), 272 So.2d 174, are in point and require that the judgment herein be, and it is hereby, reversed and the cause remanded for a new trial.

¶6WALDEN and DOWNEY, JJ., concur.

/294/so2d/414 · .json · Public domain