STINSON v. STATE

No. M-406.

245 So.2d 688 (1971)

Robert STINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 8, 1971.


Attorney(s) appearing for the Case

H. Clay Mitchell, Jr., Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and John A. Zebedee, Asst. Atty. Gen., for appellee.


SPECTOR, Judge.

Appellant was adjudged guilty of the offense of third degree murder after a jury trial on charges of second degree murder. For reversal appellant challenges the correctness of the court's instruction to the jury on justifiable and excusable homicide.

Following are the facts underlying the charges as stated in appellant's brief and admitted by appellee's brief.

Appellant, his wife and another woman were at home at the time of the homicide...

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