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There any objections to the instruction provided by the state, other than the changing of the names? to be in conformity? the reason for my hesitation is i m still trying to sort out the evolution of the instruction on manslaughter by act. of course, the court s aware, there are several ways that the state could claim manslaughter occurred. one of them is by culpable negligence, there s no suggestion there a s it s only by act. what gave me pause that i wanted to do some additional reach on is there is a case from the fifth district court of appeal, shurose, s sh u-r-o-s-e, that held and essential element of the crime of voluntary manslaughter, which is what manslaughter by act is, is an intent to kill. i ve been trying to sorting through that. i think maybe, since shurose may ....
Says, then i suppose that we re past the holding in shurose, even though by sheppard dicing, it s still considered controlling in this district unless the supreme court has said otherwise. that s my hesitation, i m still trying to dig through that. do you want us to come back to that one? other than that, does the state s version of the instruction comport with the supre supreme court s required for manslaughter by act? it seems to, yes. so the only issue we have is your determination that the shurose case is covered by this instruction? yes. okay. we ll come back to that issue. thank you, judge. the other lesser included requested by the state, and i point out i included the next case, martin versus state, the 1977 decision of the florida supreme court, simply as the reas reason and i think i ....
Be the supreme court has addressed the instruction and maybe that s addressed in montgomery. i think maybe now that law has be been the holding in shurose by the fifth district has now been addressed although not directly. i don t find a reference to that case in any of the subsequent case law, but i do see that montgomery from 2010, a florida supreme court case, does specifically say that the intent for manslaughter by act is the intent to commit an act that was not justified or excusable not justified or excusablxcusab which caused the death of, in this instance, trayvon martin. i want to be sure that we ve got that precise language. if that s what the instruction ....