Legal Opinion

Ferguson v. State

District Court of Appeal of Florida

Decided July 24, 1985No. Nos. 83-2065, 83-2066Published

1Per curiam

We affirm appellant’s conviction for manslaughter and we affirm the order revoking his probation.

We note that appellant submitted a requested instruction which combined factors of justifiable and excusable homicide. The Florida Supreme Court approved the use of this type of instruction in Foreman v. State, 47 So.2d 308 (Fla.1950). Although it would have been appropriate for the trial court to have given the instruction in the form requested, its refusal to do so does not constitute reversible error because the instructions given by the judge adequately covered both justifiable homicide and…

2Cases cited3 opinions

  1. Foreman v. StateSupreme Court of Florida · 1950
  2. Alexander v. StateDistrict Court of Appeal of Florida · 1983
  3. Monk v. StateDistrict Court of Appeal of Florida · 1983

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