CHARLES EDWARD HENRY, JR., APPELLANT.
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for manslaughter by culpable negligence, finding sufficient evidence to support the trial court's judgment. The appellant had been acquitted of manslaughter by operating a motor vehicle while intoxicated.
Yes, the evidence was sufficient to support the conviction for manslaughter by culpable negligence.
“On consideration of the evidence presented by the state in the light of the briefs and arguments, we conclude that it was sufficient to support the judgment of conviction.”
This quote establishes the court's conclusion regarding the sufficiency of the evidence.
The appellant was charged with two counts of manslaughter: one for culpable negligence causing death and another for operating a motor vehicle while i…
The full statement of facts, procedural history, and disposition for this case are member content.
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In a two count information the appellant was charged in one count with the crime of manslaughter as defined in § 782.07 Fla. Stat., F.S.A. by causing the death of a named person through culpable negligence, and in a second count with manslaughter by causing the death of such person by the operation of a motor vehicle while intoxicated, in violation of § 860.01(2) Fla. Stat., F.S.A. On trial before the court the appellant was found guilty on count one, and sentenced thereon to confinement in the county jail for the period of one year. He was acquitted on count two. On this appeal the appellant challenges the sufficiency of the evidence to support the conviction. On consideration of the evidence presented by the state in the light of the briefs and arguments, we conclude that it was sufficient to support the judgment of conviction.
Affirmed.
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Bailey v. State, 295 So. 2d 133 (Fla. 4th DCA 1974)…s to the voluntariness of a consent is a question to be determined from the totality of all the circumstances and a question of fact to be determined by the trial court. State v. Hysell, Fla.App. 1973, 281 So. 2d 417; Ghelfi v. State, Fla. App.1969, 229 So. 2d 593. Particularly where there is a conflict in testimony, such conflict must be resolved by the trial court which in this instance was in favor of the arresting officer. See Ghelfi v. State, supra. The difficulty in disposing of the problem of consent…
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