Kiley v. State

LETTS, Judge.

This is an appeal from a conviction of manslaughter. We affirm.

There are six points on appeal, but only one is of concern to us.

Specifically, we refer to a jury request for reinstruction on the “guilty charges”, whereupon the judge obliged on all degrees of homicide, including manslaughter, but excluded a repetitive instruction on excusable and justifiable homicide. We agree with appellant that this was error and note the following language in Henry v. State, 350 So.2d 512, 514 (Fla. 4th DCA 1977):

“While a court cannot give a complete instruction on manslaughter without defining…