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TURNER v. STATE

No. 81-2368.

414 So.2d 1161 (1982)

Willie TURNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 1982.

Attorney(s) appearing for the Case

Dubiner & Blumberg, West Palm Beach, and Sara Bresky Blumberg, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and John F. Robenalt, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

Turner, charged with second-degree murder, was convicted of manslaughter. We reverse for two reasons.

After the jury (initially instructed on, inter alia, the law relating to second-degree murder, manslaughter and excusable and justifiable homicide) retired to deliberate, it asked in a note to the court: "Can you explain or define the charge of manslaughter and second degree murder as stated by you in the law...?" The trial...

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