COPE, J.
The question on this appeal is whether the trial court committed fundamental error by failing to instruct the jury on the definition of excusable homicide. We conclude that there was fundamental error and remand for a new trial.
Defendant-appellant, Luis Jimenez, was charged with second-degree murder. At trial, defense counsel requested that the instruction on the lesser included offense of manslaughter not be given. The State objected and the trial...
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