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EVANS v. STATE

No. 90-0419.

572 So.2d 20 (1990)

Glenn EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The defendant, Glenn Evans, appeals a conviction of attempted second degree murder with a firearm. Evans argues one point which we find to be dispositive. The trial court gave the following instruction to the jury on excusable homicide:

The killing of a human being is excusable and therefore lawful when committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent...

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