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KELSEY v. STATE

No. AE-173.

410 So.2d 988 (1982)

Thomas KELSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 15, 1982.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

Kelsey appeals a final judgment of guilt of the crime of manslaughter, contending it was error for the trial judge to refuse to reinstruct the jury on excusable homicide and justifiable homicide when the jury twice requested reinstruction on the crime of manslaughter. We agree and reverse.

At the conclusion of the trial, the court instructed the jury on all degrees of unlawful homicide, and on excusable and justifiable homicide. After deliberating...

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