STALLINGS v. STATE

No. 93-229.

634 So.2d 784 (1994)

Robert Lewis STALLINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 31, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Robert Lewis Stallings appeals his conviction of attempted second degree murder. He contends that the trial court erred by failing to include a definition of excusable homicide in instructions given to the jury. We agree, vacate the adjudication of guilt and remand for a new trial.

Stallings shot the victim, Allen Gainous, in the mouth during an altercation over the amount of cocaine Gainous was attempting to buy from Stallings. Both individuals...

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