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SPECTOR v. STATE

No. 90-1220.

593 So.2d 565 (1992)

Melvin SPECTOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 29, 1992.

Attorney(s) appearing for the Case

Gene Reibman, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

In a second degree murder trial involving the defense of excusable homicide, clause three of the long-form jury instruction thereon was read to the jury. The form used was the one then in force prior to the Supreme Court of Florida's decision in State v. Smith, 573 So.2d 306 (Fla. 1990), which amended clause three. We conclude the reading of clause three was in error under the facts of this case and we reverse...

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