ELKIN v. STATE

No. 93-18.

636 So.2d 570 (1994)

Margaret ELKIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 7, 1994.


Attorney(s) appearing for the Case

Mark King Leban, Terrence J. McWilliams, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.


PER CURIAM.

Margaret Elkin, the defendant, was charged with the premeditated first degree murder of her husband, and was eventually found guilty of second degree murder on retrial. Of the several issues raised by the defendant in this appeal, we find merit only in the claim that the trial court erred in refusing the defendant's requested jury instruction on third degree felony murder.

The Florida Supreme Court has held "that in the case of degree crimes, requested...

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