MILLER v. STATE

No. 89-1850.

561 So.2d 596 (1990)

George R. MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Richard Polin, Asst. Attys. Gen., and Denise Herman, Certified Legal Intern, for appellee.

Before HUBBART, COPE and LEVY, JJ.


PER CURIAM.

George Miller appeals his conviction for manslaughter. We reverse.

In giving the standard jury instruction on manslaughter the trial judge omitted the final sentence which states, "However, the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide as I have previously explained those terms." Based on the controlling and indistinguishable authority of Rojas v. State, 552 So...

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