Stinson v. State

245 So.2d 688 (1971)

Robert STINSON, Appellant,

v.

STATE of Florida, Appellee.

No. M-406.

District Court of Appeal of Florida, First District.

March 9, 1971.

Rehearing Denied April 8, 1971.

H. Clay Mitchell, Jr., Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and John A. Zebedee, Asst. Atty. Gen., for appellee.

SPECTOR, Judge.

Appellant was adjudged guilty of the offense of third degree murder after a jury trial on charges of second degree murder. For reversal appellant challenges the correctness of the court's instruction to the jury on justifiable and excusable homicide.

Following are the…