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Brown v. State

Brown v. State, 467 So. 2d 323 (Fla. Dist. Ct. App. 1985)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 13, 1985
Docket
No. 84-1084
Judges
Per Curiam
Citations
467 So. 2d 32310 Fla. L. Weekly 389
Cited by 7 1 descriptions by later courts

Opinion — Per Curiam

467 So.2d 323 (1985)

Lucretia BROWN, Appellant,

v.

STATE of Florida, Appellee.

No. 84-1084.

District Court of Appeal of Florida, Fourth District.

February 13, 1985.

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

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

PER CURIAM.

Appellant 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.

REVERSED and REMANDED.

HERSEY, HURLEY and DELL, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 7 cases

View all citing references →
1985: 11986: 11987: 11988: 11989: 21991: 119852026peak 1989 · 2

Relies on it most ⓘ

  1. Rojas v. State552 So. 2d 914 (Fla. 1989)
  2. Stockton v. State544 So. 2d 1006 (Fla. 1989)
  3. Ortagus v. State500 So. 2d 1367 (Fla. Dist. Ct. App. 1987)
  4. Alejo v. State483 So. 2d 117 (Fla. Dist. Ct. App. 1986)
  5. Harris v. State580 So. 2d 243 (Fla. Dist. Ct. App. 1991)
  6. Reed v. State531 So. 2d 358 (Fla. Dist. Ct. App. 1988)

Most recent

  1. Harris v. State580 So. 2d 243 (Fla. Dist. Ct. App. 1991)
  2. Rojas v. State552 So. 2d 914 (Fla. 1989)
  3. Stockton v. State544 So. 2d 1006 (Fla. 1989)
  4. Reed v. State531 So. 2d 358 (Fla. Dist. Ct. App. 1988)
  5. Ortagus v. State500 So. 2d 1367 (Fla. Dist. Ct. App. 1987)
  6. Alejo v. State483 So. 2d 117 (Fla. Dist. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Hedges v. State, 172 So. 2d 824 (Fla. 1965) 106
Pouk v. State, 359 So. 2d 929 (Fla. Dist. Ct. App. 1978) 11
Delaford v. State, 449 So. 2d 983 (Fla. Dist. Ct. App. 1984) 9

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