7.1. Introduction To Homicide

7.1 INTRODUCTION TO HOMICIDE In this case [name of defendant] is accused of [crime charged.] Murder in the First Degree includes the lesser crimes of Murder in the Second Degree, Murder in the Third Degree and Manslaughter, all of which are unlawful. A killing that is excusable or was committed by the use of justifiable deadly force is lawful. If you find [name of victim] was killed by [name of defendant], you will then consider the circumstances surroundkillining the g in deciding if the killing was me charged] or was [Murder in the Second Degree] [Murder in the Third Degree] [Manslaughter], or whether the killing was excusable or resulted from justifiable use of deadly force. JUSTIFIABLE HOMICIDE 782.02, Fla. Stat. The killing of a humaiable homn being is justificide and lawful if necessarily done while resisting an attempt to muor commrder it a felony upon the defendant, or to commit a felony in any dwelling houh the defendant was at the timse in whic e of the killing. EXCUSABLE HOMICIDE 782.03, Fla. Stat. The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or 2. When the killing occurs by accidenand mt isfortune in the heat of passion, upon any sudden and sufficient provocation, or 3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner. , taking into accoun"Dangerous weapon" is any weapon thatt the manner in which it is used, is likely to produce death or great bodily harm. <<<<<<<<<********>>>>>>>>>>>>> 2 I now instruct you on the circumstances that must be proved before me of defendant] may be found guilty of[crim e charged] or any lesser included crime.