KITCHEN v. STATE

No. 91-187.

592 So.2d 773 (1992)

Eddie KITCHEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and LEVY, JJ.


PER CURIAM.

Eddie Kitchen appeals his conviction and sentence for second degree murder. We reverse.

Defendant was charged with second degree murder. At trial, defendant requested an instruction on the lesser included offense of manslaughter. The trial court instructed the jury that "the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide, as I have previously explained those terms." (Emphasis supplied...

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