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CLARK v. STATE

No. AX-318.

461 So.2d 131 (1984)

Martha C. CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Clarification December 20, 1984.

Attorney(s) appearing for the Case

Robert R. Kimmel, Pensacola, for appellant.

Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., for appellee.

WIGGINTON, Judge.

Appellant appeals her convictions after trial by jury of first degree murder of her husband with a firearm and aggravated battery with a firearm of Frances Farren. We reverse and remand for a new trial.

Appellant's major defense at trial was excusable homicide. At the charge conference, the attorneys and the judge did not specifically mention a charge on excusable homicide, but they agreed that...

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