Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided May 5, 1981No. UU-332PublishedCited by 10 opinions

1Opinion of the Court

397 So.2d 1005 (1981)

Howard Dwight DAVIS, Appellant,

v.

STATE of Florida, Appellee.

No. UU-332.

District Court of Appeal of Florida, First District.

May 5, 1981.

John D. O'Brien, Panama City, for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

THOMPSON, Judge.

The appellant was charged with and convicted for second degree murder. On appeal, he argues that the trial court erred in giving its reinstruction to the jury on the elements of second degree murder. We agree and reverse.

The trial court initially gave the following Standard Jury Instruction ("SJI"):

Murder in the…

2Cases cited9 opinions

  1. Castor v. StateSupreme Court of Florida · 1978
  2. State v. BryanSupreme Court of Florida · 1973
  3. Henry v. StateSupreme Court of Florida · 1978
  4. Hines v. StateDistrict Court of Appeal of Florida · 1969
  5. Cochran v. StateDistrict Court of Appeal of Florida · 1973

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Pacifico v. StateDistrict Court of Appeal of Florida · 1994
  2. Cummings v. StateDistrict Court of Appeal of Florida · 1982
  3. Reeser v. Boats Unlimited, Inc.District Court of Appeal of Florida · 1983
  4. Bobb v. StateDistrict Court of Appeal of Florida · 1994
  5. Anthony Paul Peoples, Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2018

5 more not listed; retrieve them via the Exa API.

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