AIKEN v. STATE

No. 81-1967.

425 So.2d 641 (1983)

Donald AIKEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 25, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


SCHWARTZ, Chief Judge.

Aiken was charged with second degree murder and found guilty of manslaughter. We reverse the conviction upon the holding that the victim's death was an excusable homicide.

The record shows1 that the eventually fatal incident began when, as he had often in the past, the defendant was searching for food in the garbage containers at the rear of a Miami supermarket. He was holding a plastic milk crate which he...

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