KILEY v. STATE

No. 76-375.

356 So.2d 328 (1978)

Betty Jean KILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 14, 1978.


Attorney(s) appearing for the Case

Louis V. Cianfrogna, Titusville, for appellant.

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


LETTS, Judge.

This is an appeal from a conviction of manslaughter. We affirm.

There are six points on appeal, but only one is of concern to us.

Specifically, we refer to a jury request for reinstruction on the "guilty charges", whereupon the judge obliged on all degrees of homicide, including manslaughter, but excluded a repetitive instruction on excusable and justifiable homicide. We agree with appellant that this was error and note the following...

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