THOMAS v. STATE

No. AN-315.

434 So.2d 12 (1983)

James Cecil THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 25, 1983.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Kathryn Sands, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

Thomas appeals from his conviction of manslaughter claiming that the trial court reversibly erred by denying his request that the jury be instructed on the lesser misdemeanor offense of culpable negligence under Section 784.05, Florida Statutes (1981). We affirm the conviction.

Thomas shot and killed his stepdaughter's fiance. He was tried on a charge of second degree murder. At trial, he defended on the basis of accident or, alternatively...

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