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BLITCH v. STATE

No. 81-2443.

427 So.2d 785 (1983)

Charles BLITCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 2, 1983.

Attorney(s) appearing for the Case

Sherman M. Brod, Tampa, for appellant.

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

HOBSON, Acting Chief Judge.

Charles Wayne Blitch appeals an order adjudicating him guilty of second degree murder in accordance with a jury verdict and sentencing him to fifteen years imprisonment. We reverse and remand for a new trial because of the manner in which the trial court instructed the jury on the defense of excusable homicide.

The state charged appellant with the second degree murder of one Ira Scott, Jr., with a shotgun. At trial, the evidence...

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