¶1The appellant challenges a manslaughter conviction, arguing that the court erred in the manslaughter instruction by failing to explain that this offense does not encompass justifiable or excusable homicide. As indicated in Rojas v. State, 552 So.2d 914 (Fla.1989), manslaughter is a residual offense which requires such an explanation for a proper definition of the crime. See also, e.g., *1254State v. Lucas, 645 So.2d 425 (Fla.1994). Furthermore, the failure to refer to justifiable and excusable homicide in connection with the manslaughter instruction is fundamental error. E.g. Lucas; Rojas. The appealed order is therefore reversed and the case is remanded.
846 So. 2d 1253
McCray v. State
District Court of Appeal of Florida
Decided June 11, 2003
District Court of Appeal of Florida · decided 2003-06-11
Cited by 1 later decisions — most recently August 2004
1 state decisions
Relies on 552 So. 2d 914 - Rojas v. State · State v. Lucas
Good law ✅— No negative treatment on recordhow we know
Decided 2003-06-11
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