Perez v. State

GROSS, Judge.

We reverse appellant’s conviction for second degree murder because the trial court failed to explain excusable homicide as part of the manslaughter instruction. Well established supreme court precedent compels this result.

Appellant, Jose Perez shot and killed Juan Manriquez, his friend, brother-in-law and business partner. Perez invested approximately $9,000 in a food service business the two men had started. Dissatisfied with the way Manriquez was running the business, Perez wanted out. He claimed that although Manriquez agreed to return the $9,000, he never saw the money.

On the…