RAYFIELD MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYFIELD MARTIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
294 So. 2d 414
Florida District Court of Appeal, Fourth District (1974)
Positive Treatment
Cited by 6 cases
Opinion of the Court
COWART, JOE A., Jr., Associate Judge.
In 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.
Hedges 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.
WALDEN and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henry v. State, 350 So. 2d 512 (Fla. 4th DCA 1977)…y on all the degrees of murder, plus manslaughter and justifiable and excusable homicide. In support of this contention appellant cites Hedges v. State, 172 So. 2d 824 (Fla.1975); Stills v. State, 272 So. 2d 174 (Fla. 1st DCA 1973); Martin v. State, 294 So. 2d 414 (Fla. 4th DCA 1974); Brown v. State, 294 So. 2d 347 (Fla. 4th DCA 1974); Jackson v. State, 317 So. 2d 454 (Fla. 4th DCA 1975). The leading case relied upon by appellant is Hedges v. State, supra. The question presented to the Supreme Court in that…
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Jackson v. State, 307 So. 2d 232 (Fla. 4th DCA 1975)…if the defendant preserved the error for appellate review by either requesting a reinstruction on excusable homicide, or objecting to the trial court’s failure to give such instruction. Clark v. State, 301 So. 2d 456 (Fla.App.1974); Martin v. State, 294 So. 2d 414 (Fla.App.1974); Brown v. State, 294 So. 2d 347 (Fla.App.1974); Hedges v. State, 172 So. 2d 824 (Fla.1965). Errors committed by a trial court, including errors in connection with the trial court’s failure to give jury instructions, will be reviewed…
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McCORMICK v. State, 308 So. 2d 126 (Fla. 4th DCA 1975)…n it reinstructed the jury. Failure of the trial court to so instruct left the jury with an incomplete and potentially misleading instruction, and constituted reversible error. See also Brown v. State, 294 So. 2d 347 (Fla.App.1974); Martin v. State, 294 So. 2d 414 (Fla.App.1974). Accordingly, the judgment appealed herein is reversed, and the cause is remanded for a new trial. Reversed and remanded. OWEN, C. J., and DOWNEY, J., concur.…
Authorities Cited
- Whitney v. Colonial INN, 172 So. 2d 824 (Fla. 1965)
- GAY v. State, 272 So. 2d 174 (Fla. 1st DCA 1973)
- Stills v. State, 272 So. 2d 174 (Fla. 1st DCA 1973)
- Green v. State, 244 So. 2d 167 (Fla. 2d DCA 1971)