¶1Reversed and remanded for a new trial on attempted manslaughter. We agree with the appellant that the trial court erred in instructing the jury on attempted manslaughter by culpable negligence, a non-existent crime in Florida. Taylor v. State, 444 So.2d 931 (Fla.1983). Although the trial court also instructed the jury on attempted manslaughter by act, a crime that is recognized by Florida law, the trial court went astray when it informed the jury that the case at hand was one involving culpable negligence. We believe those comments constituted fundamental error entitling the appellant to a new trial on attempted manslaughter by act.
547 So. 2d 1239
547 So.2d 1239
14 Fla.L.Weekly 1616
Cooper v. State
District Court of Appeal of Florida
Decided July 7, 1989
District Court of Appeal of Florida · decided 1989-07-07
Cited by 2 later decisions — most recently October 1989
2 state decisions
Key passage — most relied on by later courts
“attempted manslaughter by culpable negligence”
quoted by 1 later decision, including 550 So. 2d 1180 - Arline v. State
Relies on Taylor v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1989-07-07
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