COLON v. STATE

No. 82-1861.

430 So.2d 965 (1983)

Edwin COLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 4, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

A jury found appellant guilty of committing manslaughter with a firearm. He seeks a new trial on the ground that the trial court erroneously instructed the jury on the definition of excusable homicide.

The state charged Edwin Colon with the second-degree murder of Ernesto Euresti. Colon pled not guilty. The evidence at trial revealed that Colon was involved in an argument with Euresti's sister when Euresti attempted to intervene...

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