Brown v. State (294 So. 2d 347, 1974)

CROSS, Judge.

Appellant-defendant, Willie James Brown, appeals a judgment of conviction and sentence for murder in the second degree. We reverse.

The appellant-defendant, Willie James Brown, was charged by information with murder in the first degree. At the conclusion of the evidence, the court instructed the jury on all of the degrees of unlawful homicide and also on justifiable and excusable homicide. Shortly after the jury had begun its deliberation, the foreman of the jury made the following request:

“Explain in layman’s words in Murder Two, quote, depraved mind, end of quote, does this mean temporary insanity? Does Murder Two differ from Murder One that it is an instantaneous action rather than premeditated ?”

Pursuant to the request, the jury was reinstructed on first and second degree murder. The defendant’s request that the court also reinstruct the jury on justifiable homicide, excusable homicide, third degree murder, an