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GREEN v. STATE

No. 83-525.

453 So.2d 526 (1984)

Josh GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 2, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

The sole material issue in this case is whether the trial court erred in refusing to give defense counsel's requested instruction on third degree murder. § 782.04(4), Fla. Stat. (1983).1 Green was charged with first degree murder,2 and the trial court gave the jury instructions on second degree murder,3 and on manslaughter.4 The jury...

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