Rushing v. State

STONE, Judge.

We reverse appellant’s conviction for manslaughter with a firearm. The evidence was essentially undisputed. The defendant, knowing that the victim was threatening suicide, removed a pistol from his automobile and loaded it in front of the victim. The victim then received or took the gun from the defendant and shot herself. This court has previously addressed the merits of the charge in State v. Rushing, 532 So.2d 1338 (Fla. 4th DCA 1988).

Appellant requested the following abbreviated excusable homicide instruction:

The killing of a human being is excusable, and therefore lawful,…