Martin v. State, 310 So. 2d 747 (Fla. 1st DCA 1975). · Go Syfert
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Martin v. State, 310 So. 2d 747 (Fla. 1st DCA 1975). Cases Citing This Book View Copy Cite
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Oscar Milton MARTIN
v.
STATE of Florida
No. V-239.
District Court of Appeal of Florida, First District.
Apr 10, 1975.
310 So. 2d 747
1975 Fla. App. LEXIS 14064
Richard W. Ervin, III, Public Defender and David J. Busch, Asst. Public Defender, for appellant., Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for ap-pellee.
Boyer, McCord, Mills.
Cited by 1 opinion  |  Published
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.