Nelson v. State

Full title: JAMES NELSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 29, 1979

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

Opinion

No. 77-1472.

June 6, 1979. Rehearing Denied June 29, 1979.

Appeal from the Circuit Court, Broward County, Thomas M. Coker, Jr., J.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

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.