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371 So. 2d 706

Nelson v. State

District Court of Appeal of Florida · decided 1979-06-06

Cited by 3 later decisions — most recently December 1986

3 state decisions

Relies on Pouk v. State · 338 So. 2d 1309 - Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-06

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LETTS, Judge.

¶1This 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.

¶2The 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).

¶3REVERSED AND REMANDED.

DAUKSCH and BERANEK, JJ., concur.
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