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CUMMINGS v. STATE

No. 93-1987.

648 So.2d 166 (1994)

Darrel CUMMINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 2, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

We reverse appellant's conviction for murder in the second degree and remand for new trial.

Although appellant has raised six issues directed at his conviction,1 only one compels reversal; namely, the trial court's erroneous instruction to the jury on excusable homicide.2

As we read pages 61 and 62 of Florida Standard Jury Instructions in Criminal Cases, 1992, which are taken...

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