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JEFFERSON v. STATE

No. 75-252.

334 So.2d 178 (1976)

Arthur Fillmore JEFFERSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 12, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

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

WALDEN, Chief Judge.

We reverse and remand for a new trial on the basis of this appellate point:

Whether the trial court's instruction on second degree murder, which omitted any reference to killing when committed in the perpetration of, or in the attempt to perpetrate, certain felonies, constitutes fundamental error?

Defendant was convicted of first degree murder and sentenced to life imprisonment. He appeals. This was a typical felony murder. Three...

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