Martin v. State

District Court of Appeal of Florida

Martin v. State

310 So. 2d 747, 1975 Fla. App. LEXIS 14064

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1975

DocketNo. V-239

StatusPublished

Cited by1 cases

This text of 310 So. 2d 747 (Martin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. State, 310 So. 2d 747, 1975 Fla. App. LEXIS 14064 (Fla. Ct. App. 1975).

Pincite

Opinion

MILLS, Judge.

Defendant-appellant was charged with murder in the second degree'and convicted of murder in the third degree. At the conference on instructions, defendant requested the trial court to charge the jury on aggravated assault. The trial court’s denial of this request is the sole issue raised on this appeal.

The trial court properly instructed the jury as to all applicable degrees of murder, manslaughter, justifiable homicide, and excusable homicide, all having to do with the death of the victim. The requested instruction on aggravated assault was not necessarily included in murder, or lawful or unlawful homicide. Sadler v. State, 222 So.2d 797 (Fla.App.1969).

What we have here is the death of a human being which was either unlawful homicide or lawful homicide. The trial court’s concern was to properly instruct the jury as to the various applicable degrees of unlawful homicide, and of justifiable and excusable homicide. This the trial court did.

Affirmed.

BOYER, Acting C. J., and McCORD, J., concur.

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