Nelson v. State

James NELSON v. STATE of Florida

Nelson v. State, 371 So. 2d 706 (Fla. Dist. Ct. App. 1979)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: June 6, 1979
Docket: No. 77-1472
Judges: Beranek, Dauksch, Letts
Citations: 371 So. 2d 7061979 Fla. App. LEXIS 14864

Cited by 3

Opinion of the Court — Letts

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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.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Lowe v. State500 So. 2d 578 (Fla. Dist. Ct. App. 1986)
Gross v. State397 So. 2d 313 (Fla. Dist. Ct. App. 1981)
Nelson v. State399 So. 2d 79 (Fla. Dist. Ct. App. 1981)

Most recent

Lowe v. State500 So. 2d 578 (Fla. Dist. Ct. App. 1986)
Nelson v. State399 So. 2d 79 (Fla. Dist. Ct. App. 1981)
Gross v. State397 So. 2d 313 (Fla. Dist. Ct. App. 1981)

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 2

Depth	Case	Cited by
	Pouk v. State, 359 So. 2d 929 (Fla. Dist. Ct. App. 1978)	11
	Robinson v. State, 338 So. 2d 1309 (Fla. Dist. Ct. App. 1976)	10

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