JOHN HENRY MAZE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a jury's conviction of a defendant for manslaughter due to culpable negligence. The court found sufficient evidence that the defendant's excessive speed in heavy rain, on a wet road with oncoming traffic, constituted culpable negligence leading to a pedestrian's death.
Yes, the evidence was sufficient to establish the essential elements of manslaughter resulting from culpable negligence.
“The record in [*692] this case establishes the essential elements which constitute manslaughter as a result of culpable negligence.”
This quote establishes the court's conclusion that the evidence met the legal standard for manslaughter by culpable negligence.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant was charged with manslaughter by intoxication and by culpable negligence. Evidence showed the defendant was driving over the speed limit…
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The defendant appeals the judgment of conviction by a jury of manslaughter due to culpable negligence. The court denied a motion for new trial.
The defendant was charged in separate counts of manslaughter; (1) as a result of intoxication, and (2) by culpable negligence in the operation of an automobile.
At the conclusion of the presentation of evidence tire defendant moved for a directed verdict of not guilty on the charge of manslaughter due to intoxication, which was granted.
The testimony was to the effect that the defendant was proceeding at a rate of speed in excess of the posted speed limit, at night in a heavy rain, with water standing in the road to depths up to six inches, and with considerable oncoming traffic, struck a pedestrian who was walking on the shoulder of the road, resulting in his death. There was corroboration of the essential facts and considerable testimony of the drinking activities of the defendant before and after the accident, which was properly admitted. Fowlkes v. State, Fla.App.1957, 100 So.2d 826. The record in *692this case establishes the essential elements which constitute manslaughter as a result of culpable negligence. Fulton v. State, Fla. 1959, 108 So.2d 473.
Accordingly, the judgment is
Affirmed.
WHITE, Acting C. J., ANDREWS, J., and DRIVER, B. J., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. State, 227 So. 2d 728 (Fla. 2d DCA 1969)…inebriation on his part at the time of the accident was admissible against him under the manslaughter-culpable negligence counts. Cannon v. State, 1926, 91 Fla. 214, 107 So. 360; Hunt v. State, Fla. 1956, 87 So. 2d 584; Maze v. State, Fla. App.1964, 168 So. 2d 691; Hamilton v. State, Fla.App.1963, 152 So. 2d 793. So the evidence of taking the blood sample from Mitchell, and its subsequent analysis for alcoholic content assumed a critical position of importance in the case against Mitchell, even though he was…
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Kelly v. State, 293 So. 2d 786 (Fla. 3d DCA 1974)…n the operation of his automobile. See, Hunt v. State, Fla.1956, 87 So. 2d 584; Henderson v. State, Fla.1956, 90 So. 2d 447; Penton v. State, Fla.App.1959, 114 So. 2d 381; Hamilton v. State, Fla.App.1963, 152 So. 2d 793; Maze v. State, Fla.App.1964, 168 So. 2d 691. Therefore, for the reasons stated and upon the authorities cited, the judgment and sentence appealed are affirmed. Affirmed.…
Authorities Cited
- Fulton v. State, 108 So. 2d 473 (Fla. 1959)
- Maynard Grady Fowlkes v. State, 100 So. 2d 826 (Fla. 3d DCA 1957)
- Marie Drew and her husband v. Food Fair Stores OF Fla., Inc., 100 So. 2d 826 (Fla. 3d DCA 1958)