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HUNTER v. STATE

No. 78-1632.

389 So.2d 661 (1980)

O.C. HUNTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 19, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

Appellant was indicted for first degree murder and found guilty of second degree murder. The trial court instructed the jury on first and second degree murder and manslaughter, but over appellant's objection, not on third degree murder. Appellee concedes this was error,1 leaving for our determination whether the error was harmless.

We start by noting that our sister court in dicta recognized:

We have...

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