JESSIE WALTER
v.
THE STATE OF FLORIDA
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The court held that the evidence presented did not establish culpable negligence required for a manslaughter conviction.
The defendant was convicted of manslaughter based on evidence that showed only simple negligence.…
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This is an appeal from a judgment of conviction for manslaughter. As we read this record, the evidence in the case did not show anything more than simple negligence. It fell far short of that culpable negligence required to be shown in order to sustain a conviction of manslaughter.
The judgment must be reversed upon the authority of Russ v. State, 140 Fla. 217, 191 So. 296, wherein it was said.
“This Court is committed to the rule that the degree of negligence required to sustain imprisonment should be at least as high as that required for the imposition of punitive damages in a civil action. The burden of proof authorizing a recovery of exemplary or punitive damages by a plaintiff for *685negligence must show a gross and flagrant character, evincing reckless disregard of human life or of the safety of persons exposed to its dangerous effects; or that entire want of care which would raise the presumption of indifference to consequences ; or such wantonness or recklessness or grossly careless disregard of the safety and welfare of the public, of that reckless indifference to the rights of others, which is equivalent to an intentional violation of them. See Cannon v. State 91 Fla. 214, 107 So. 360; Shaw v. State, 88 Fla. 320, 102 So. 550; Kent v. State 53 Fla. 51, 43 So. 773; Florida East Coast R. Co. v. Hayes, 65 Fla. 1, 60 So. 792.”
Reversed.
BROWN, BUFORD, THOMAS and ADAMS, JJ., concur.
CHAPMAN, C. J., TERRELL and SEBRING, JJ., dissent.
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Carr v. State, 561 So. 2d 617 (Fla. 5th DCA 1990)…nt to sustain the manslaughter conviction. Section 782.07, Florida Statutes (1987), requires proof of gross and flagrant negligence evincing reckless disregard for human life or the safety of persons exposed to its dangerous effect. Walter v. State, 157 Fla. 684, 26 So. 2d 821 (1946). Here, the state’s evidence related almost solely to Carr’s drinking prior to the accident. There was no evidence Carr had been speeding or driving recklessly. That is not enough under section 782.07,6 although it might have be…
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O'Berry v. State, 348 So. 2d 670 (Fla. 3d DCA 1977)…SON, Judge (concurring specially). The defendant’s own case was, in fact, an admission of culpable negligence resulting in the death of another. See the principles of law stated in Hulst v. State, 123 Fla. 315, 166 So. 828 (1936); Walter v. State, 157 Fla. 684, 26 So. 2d 821 (1946); and Murray v. State, 328 So. 2d 501 (Fla. 4th DCA 1976). Therefore, there was no issue concerning the guilt of the defendant of the crime for which she was found guilty by the jury. BARKDULL, Judge, concurs in the majority op…
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McDOUGAL v. State, 181 So. 2d 539 (Fla. 2d DCA 1966)…e, infra, in reversing, stress was laid upon the fact that the deceased was contributo rily negligent in walking across the highway that she had personal knowledge was dangerous. And in Pitts v. State, 132 Fla. 812, 182 So. 234, and Walter v. State, 157 Fla. 684, 26 So. 2d 821, convictions were reversed upon insufficiency of the evidence without discussing the evidence involved. And in Graives v. State, 127 Fla. 182, 172 So. 716, after first unanimously affirming the conviction, the Court reversed upon rehe…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cannon v. State, 107 So. 360 (Fla. 1926)
- Amon H. Russ v. State, 140 Fla. 217 (Fla. 1939)
- Fla. E. Coast Ry. Co. v. Hayes, 65 Fla. 1 (Fla. 1913)
- Job Shaw v. State, 88 Fla. 320 (Fla. 1924)
- Kent v. State, 53 Fla. 51 (Fla. 1907)