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Slusher v. State7/23/1991
onstitute an element of an offense, must always be defined in the instructions, whether requested or not, and the failure to so define is fundamental error which will result in reversible error.
Accordingly, for the foregoing reasons, the Judgment and Sentence of the trial court is REVERSED and REMANDED for a new trial.
LANE, P.J., LUMPKIN, V.P.J., and BRETT and PARKS, JJ., concur.
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