ORFINGER, Judge.
Appellant was charged by indictment with first degree murder in the death of his wife, in that he "did kill and murder Joy Pinkerton by slitting the victim's throat with a knife." The jury found appellant "Guilty of the lesser included offense of Third Degree Murder With A Deadly Weapon in violation of F.S. 782.04(4)."
The court had instructed the jury that a finding of guilt on the lesser offense of third degree murder could be made only...
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