Smith v. State, 330 So. 2d 526 (Fla. 4th DCA 1976). · Go Syfert
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Smith v. State, 330 So. 2d 526 (Fla. 4th DCA 1976). Cases Citing This Book View Copy Cite
7 citation events across 2 distinct courts.
Strongest positive: Standard Jury Instructions-Criminal Cases (fla, 1992-07-02) · Strongest negative: Florida Bar Re Standard Jury Instructions—Criminal (fla, 1987-05-28)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "but see" Florida Bar Re Standard Jury Instructions—Criminal
Fla. · 1987 · signal: but see · confidence high
But see Smith v. State, 330 So.2d 526 (Fla. 4th DCA 1976), and Murray v. State, 328 So.2d 501 (Fla.4th DCA 1976).
discussed Cited "see" Standard Jury Instructions-Criminal Cases
Fla. · 1992 · signal: see · confidence high
See certified question in Barritt v. State, 517 So.2d 65 (Fla. 1st DCA 1987), rev'd, 531 So.2d 338 (Fla. 1988). [*a] See Scurry v. State, 521 So.2d 1077 (Fla. 1988). [*b] But see Martin v. State, 342 So.2d 501 (Fla. 1977). [*c] But see Smith v. State, 330 So.2d 526 (Fla. 4th DCA 1976), and Murray v. State, 328 So.2d 501 (Fla. 4th DCA 1976). [*d] See Taylor v. State, 444 So.2d 931 (Fla. 1984). [*e] Rotenberry v. State, 468 So.2d 971 (Fla. 1985) [*f] See Higgins v. State, 565 So.2d 698 (Fla. 1990). [*g] But see Richardson v. State, 523 So.2d 746 (Fla. 5th DCA 1988); Sands v. State, 542 So.2d 436…
Retrieving the full opinion text from the archive…
Robert Theodore SMITH, Appellant,
v.
STATE of Florida, Appellee.
74-997.
District Court of Appeal of Florida, Fourth District.
Apr 15, 1976.
330 So. 2d 526
Per Curiam.
Cited by 4 opinions  |  Published

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

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

PER CURIAM.

Appellant 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.

REVERSED and REMANDED.

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