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GILLEN v. STATE

No. 90-01843.

597 So.2d 375 (1992)

Thomas GILLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 4, 1992.

Attorney(s) appearing for the Case

Thomas Gillen, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Thomas Gillen raises four points on appeal from his conviction for second degree murder. We affirm his conviction but find one contention worthy of comment.

As a part of the homicide jury instructions the trial court gave the "long form" standard jury instruction on excusable homicide. That instruction provides as follows:

The killing of a human being is excusable, and therefore lawful, if committed...

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