Weigel v. State

FRANK, Judge.

James Weigel, appealing from his conviction for manslaughter, has raised four issues, two of which have merit.

First, Weigel contends that the trial court erred in failing to instruct the jury using the long form instruction on excusable homicide. Weigel’s counsel requested this instruction and lodged appropriate objections when the trial court refused to give it and after the trial court presented it to the jury in the short form. We recognize that the supreme court, in State v. Smith, 573 So.2d 306 (Fla.1990), has held that a trial court’s failure to give the long form…