# Brown v. State

> District Court of Appeal of Florida · February 13, 1985 · 10 Fla. L. Weekly 389

URL: https://www.frixlaw.com/law-library/cases/1685352

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** February 13, 1985
- **Citations:** 10 Fla. L. Weekly 389; 467 So. 2d 323
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1685352

## Opinion text

467 So.2d 323 (1985)
Lucretia BROWN, Appellant,
v.
STATE of Florida, Appellee.
No. 84-1084.
District Court of Appeal of Florida, Fourth District.
February 13, 1985.
*324 Sara Blumberg and Michael Dubiner of Dubiner & Blumberg, P.A., West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.
PER CURIAM.
Appellant seeks reversal of her conviction of second degree murder. She claims that the trial court erred in refusing to instruct the jury on justifiable and excusable homicide, and in failing to give an instruction which properly placed the burden of proof upon the State as to her insanity defense. When the court gives an instruction on manslaughter, it must also give an instruction on justifiable and excusable homicide. See Hedges v. State, 172 So.2d 824 (Fla. 1965); Pouk v. State, 359 So.2d 929 (Fla. 2d DCA 1978); Delaford v. State, 449 So.2d 983 (Fla. 2d DCA 1984). Therefore, we hold that the trial court erred when it failed to properly instruct the jury, and we reverse and remand this case for a new trial. Because of this holding we need not reach appellant's second point on appeal.
REVERSED and REMANDED.
HERSEY, HURLEY and DELL, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1685352. Public record. Not legal advice.