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467 So. 2d 323

467 So.2d 323

10 Fla.L.Weekly 389

Docket No. 84-1084.

Brown v. State

Lucretia BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 13, 1985.

District Court of Appeal of Florida · decided 1985-02-13

Cited by 7 later decisions — most recently May 1991

7 state decisions

Key passage — most relied on by later courts

“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, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984).”

quoted by 1 later decision, including 468 So. 2d 466 - Smiddy v. State

Relies on 172 So. 2d 824 - Hedges v. State · Pouk v. State · Delaford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-13

View the full empirical analysis of this case →

¶1*324 Sara Blumberg and Michael Dubiner of Dubiner & Blumberg, P.A., West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant 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,359 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.

¶5REVERSED and REMANDED.

¶6HERSEY, HURLEY and DELL, JJ., concur.

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