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RUSHING v. STATE

No. 89-0642.

568 So.2d 1279 (1990)

Jeramy James Rickey RUSHING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 30, 1990.

Attorney(s) appearing for the Case

Peter Raben of the Law Office of Peter Raben, P.A., Coconut Grove, and Martin J. Schwartz, Hollywood, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.

STONE, Judge.

We reverse appellant's conviction for manslaughter with a firearm. The evidence was essentially undisputed. The defendant, knowing that the victim was threatening suicide, removed a pistol from his automobile and loaded it in front of the victim. The victim then received or took the gun from the defendant and shot herself. This court has previously addressed the merits of the charge in State v. Rushing, 532 So.2d 1338

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