STATE v. KURNS

No. 80-1300.

397 So.2d 463 (1981)

STATE of Florida, Appellant, v. Donald KURNS, Appellee.

District Court of Appeal of Florida, Second District.

April 29, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

John C. Wilkins, III, Bartow, for appellee.


OTT, Judge.

Appellee was charged with attempted first-degree murder. Following appellee's conviction of attempted second-degree murder, the trial court granted his motion for a new trial. We reverse.

In the trial judge's charge to the jury, he instructed on the definitions of attempted first-degree murder, lesser included offenses, and on the justifiable use of force and excusable homicide. During their deliberation, the jury returned and requested the trial...

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