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we ll make that change and that will be throughout. done, your honor. as far as agreement goes, we were in agreement as to the page that begins, members of t jury. yes, your honor? the defense version of the front page just has the style of the case. the second page of the defense proposed have what the state has placed on the first page. is there any objection to that all being on the first page, as the state proposed? that was a word processing issue, judge. i took the set of instructions that the state sent to us and work with that, so other than formatting, we started with the same set of instructions. okay. so the first page will be as the state has proposed. yes, your honor. there was no changes to the members of the jury? correct. we ll make the name changes to reflect it in the statement ....
Manslaughter charge is fastate montgome montgomery, a little more infamous from the florida supreme court in 2010 declared the instruction for manslaughter was invalid, however, it is on page 5 of that opinion that i think the most operative language begins, actually begins the bottom of page 4 under the heading lesser included offenses, continues on page 5. but it makes very clear manslaughter is a category 1 lesser included offense of first-degree murder. and what that means is delineated on page 5, a necessarily lesser included offense is as the name implies a lesser offense always included in the major offense. the trial judge has no discretion on whether to instruct the jury on a necessarily included offense once the judge determines the offense is a necessarily included offense, the instruction must be given. consequently, at montgomery s trial for in that case, first-degree murder, but also here as to second degree murder ....
page, you hear rich manti, the prosecutor saying because trayvon martin was 17 years old, under 18, there was third degree felony murder charge available because of what he described as child abuse. he s making that case right now. he has to first prove the underlying felony, prove there was actual child abuse that occurred in this case. i agree with paul, it s a stretch here, i don t think the judge would give it. a lot of people are wondering why at this point are we trying to figure out what we are charging george zimmerman with. the fact is the law allow as lesser included offense like manslaughter to be instructed to the jury when there s evidence to support it and the charging document supports it. i understand manslaughter. i think felony murder is a stretch. were you surprised the state dropped their request for aggravated assault to be considered, a lesser charge obviously as well? i know the state wanted that but if you read the cases, the ....
Italicized, florida statutes, the use of deadly force is justifiable. it is that section. when you but it says give, if applicable. xwlek. 782.02 is entitled. this is the statute under homicide, it is justifiable use of deadly force. that is what section 782.02 is. my argument is this is a homicide case and therefore that is mandatory. that is the reason it s referenced in the standard instruction, it s a homicide and therefore if they re seeking a request or justified deadly force. if you look at the italicized part on page 2. yes. it says define applicable felony defendant alleges victim attempted to commit. yes. and they re saying they re not alleging any. if they re not alleging that, then my position would be they re not entitled to justifiable use of deadly force ....
The case law upon which i would rely begins, i think, in the stack that s been provided, with her m herman son. h-e-r-m-a-n-s-o-n versus state. 604 southern 2nd 775, which is a supreme court florida case from 1992. in that case, as set forth on page 2, of the court s decision, the third degree murder provision of section 782.04 florida statutes provides the killing of a human being while engaged in the commission of child abuse cuts murd constitue in the third degree and on that case the state combine instructions for child abuse and child neglect. otherwise, that was the reason, i believe that the conviction was reversed. but obviously, the reason the case is there is to show that, ....