Public-domain · open source
OpenJurist

168 So. 2d 691

Maze v. State

District Court of Appeal of Florida

Decided November 11, 1964

District Court of Appeal of Florida · decided 1964-11-11

Cited by 2 later decisions — most recently April 1974

2 state decisions

Relies on Fulton v. State · Fowlkes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1964-11-11

View the full empirical analysis of this case →

PER CURIAM.

¶1The defendant appeals the judgment of conviction by a jury of manslaughter due to culpable negligence. The court denied a motion for new trial.

¶2The 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.

¶3At 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.

¶4The 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.

¶5Accordingly, the judgment is

¶6Affirmed.

WHITE, Acting C. J., ANDREWS, J., and DRIVER, B. J., Associate Judge, concur.
/168/so2d/691 · .json · Public domain