DAVIS v. STATE

No. UU-332.

397 So.2d 1005 (1981)

Howard Dwight DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1981.


Attorney(s) appearing for the Case

John D. O'Brien, Panama City, for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

The appellant was charged with and convicted for second degree murder. On appeal, he argues that the trial court erred in giving its reinstruction to the jury on the elements of second degree murder. We agree and reverse.

The trial court initially gave the following Standard Jury Instruction ("SJI"):

Murder in the second degree is the killing of a human being by the perpetration of an act...

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