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330 So. 2d 526

Docket No. 74-997.

Smith v. State

Robert Theodore SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1976-04-15

Applies FL 784 § 784.05

Relies on 328 So. 2d 501 - Murray v. State

Decided 1976-04-15

¶1Richard L. Jorandby, Public Defender, and James R. Merola, Special Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant was charged with manslaughter by culpable negligence. At trial and over appellant's objection, the court instructed the jury on culpable negligence under former Fla. Stat. § 784.05 (1973), as the lesser included offense to manslaughter. This was held reversible error in the case of Murray v. State, 4th DCA Fla., 328 So.2d 501, 1976, and we therefore reverse the judgment herein on the authority of the cited case, remanding this cause to the trial court for a new trial.

¶5REVERSED and REMANDED.

¶6WALDEN, C.J., and OWEN and DOWNEY, JJ., concur.

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