JAN ELLIS KARL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's act of striking the child was of sufficient gravity to support a manslaughter conviction, and other issues raised were without merit.
The appellant was convicted of manslaughter after his step-son died from injuries inflicted by the appellant. The trial court reduced the charge from …
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The appellant was informed against and tried for the crime of murder in the second degree, following death of his 17-month old step-son which resulted from a blow or blows administered by appellant. The trial judge withdrew the second degree murder charge from jury consideration and submitted the case on manslaughter. A verdict was returned against the defendant. He was adjudged guilty and sentenced to six months to ten years confinement.
The principal issue on this appeal is the contention by the accused that his act of striking or pushing the child, though it resulted in skull fracture and other injuries from which the child died, was not of sufficient character and gravity to establish or support the conviction of manslaughter. Secondary issues raised are whether his liability was rendered remote by an inter*870vening cause represented by the child being allowed to remain in the emergency room of the hospital for some two and one-half hours before being treated and operated on; and whether it was prejudicial error to admit photographs disclosing bruises on the child’s face or head when there was evidence'they were inflicted prior to the day named in the information.
Although the appellant contends the evidence showed only a single push of the child by him which resulted in its head striking the wall, there was evidence from which the jury could have found the child was beaten on the day in question, and that such beating was the proximate cause of the death.1 The remaining questions presented have been examined in the light of the briefs and arguments and are found to be without merit.
Affirmed.
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Citator
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Baker v. State, 377 So. 2d 17 (Fla. 1979)…an element of proof for a manslaughter conviction based on culpable negligence under section 782.07, Florida Statutes (1977). Thompson v. State, 108 Fla. 370, 146 So. 201 (1933); Tegethoff v. State, 220 So. 2d 399 (Fla. 4th DCA 1969); Karl v. State, 144 So. 2d 869 (Fla. 3d DCA 1962). He concludes, therefore, that to permit a manslaughter conviction under section 860.01 without proof of causation is a denial of substantive due process protected by both the United States and Florida Constitutions. But to say i…
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Cunningham v. State, 385 So. 2d 721 (Fla. 3d DCA 1980)…estion, and the notion of “proximate cause” is designed to shade out all but those antecedents most immediately responsible for an event. This court has twice employed the doctrine of proximate cause in cases of criminal homicide. In Karl v. State, 144 So. 2d 869 (Fla. 3d DCA 1962), the appellant’s conviction for the manslaughter of his young step-son was affirmed, on the basis that a reasonable jury could have found that the beating the step-father administered “was the proximate cause of the death”. In J.…
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Wright v. State, 402 So. 2d 493 (Fla. 3d DCA 1981)…t, therefore, Wright’s act did not cause Hall’s death, then Wright would be correct that her act of shooting Hall, standing by itself, could not sustain her murder conviction. J.A.C. v. State, 374 So. 2d 606 (Fla.3d DCA 1979). Accord, Karl v. State, 144 So. 2d 869 (Fla.3d DCA 1962). Wright’s argument overlooks that because she acted in concert with another person, she is responsible, not merely for her own acts, but for his. The evidence, including her own grand jury testimony, indisputably supports her convi…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joshea J. Gilliams v. State, 262 So. 3d 869 (Fla. 1st DCA 2019)
- Johnson v. State, 64 Fla. 321 (Fla. 1912)
- Berry Brinson, Sr. v. State, 144 Fla. 228 (Fla. 1940)
- Berry v. State, 114 Fla. 73 (Fla. 1934)