ELMORE v. STATE

No. 73-225.

291 So.2d 617 (1974)

Josh ELMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 1974.


Attorney(s) appearing for the Case

Samuel S. Jacobson of Datz, Jacobson & Dusek, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


JOHNSON, CLARENCE T., Jr., Associate Judge.

Appellant was charged with first degree murder. At the close of the State's case the trial court entered a Judgment of Acquittal as to first degree murder and submitted the case to the jury on second and third degree murder and manslaughter. He was convicted of manslaughter and appeals, raising four points.

Appellant first alleges the trial court erred in failing to give Appellant's requested instruction on the lesser...

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