McCORMICK v. STATE

No. 73-888.

308 So.2d 126 (1975)

Vivian L. McCORMICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 21, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Elliot R. Brooks, Asst. Public Defender, and Leon St. John, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.


CROSS, Judge.

Appellant-defendant, Vivian McCormick, appeals a judgment of conviction and sentence for murder in the second degree. We reverse.

The appellant-defendant, Vivian McCormick, was charged by indictment with murder in the first degree. At the conclusion of the evidence, the court instructed the jury on all degrees of unlawful homicide and also on justifiable homicide and excusable homicide. Shortly after beginning its deliberations, the jury requested...

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