ROBERT LEE COOPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT LEE COOPER, APPELLANT,
STATE OF FLORIDA, APPELLEE
547 So. 2d 1239
Florida District Court of Appeal, Fourth District (1989)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Reversed 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.
ANSTEAD, LETTS and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Graham M. Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989)…ion or alimony. § 61.08-61.12, Fla.Stat. (1987); see, e.g., Bacardi v. White, 463 So. 2d 218 (Fla.1985) (spendthrift trust may be garnished in limited circumstances to enforce alimony decree); see also Fla. Nat’l Bank v. McCarthy, (Fla. 2d DCA 1989) 547 So. 2d 1239. Thus, on remand, the trial court may require Mr. Schorb to establish the necessary bank accounts and to give the necessary instructions to the police department to accomplish the desired result. See City of Miami v. Spurrier, 320 So. 2d 397 (Fla. 3…
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Arline v. State, 550 So. 2d 1180 (Fla. 1st DCA 1989)…the definition of justifiable homicide or excusable homicide. The instruction given was erroneous because there is no crime of “attempted manslaughter by culpable negligence” in Florida. Taylor v. State, 444 So. 2d 931 (Fla.1983); Cooper v. State, 547 So. 2d 1239 (Fla. 4th DCA 1989). The failure to include the definitions of justifiable and excusable homicide3 in an instruction on manslaughter constitutes reversible error. Stockton v. State, 544 So. 2d 1006 (Fla.1989). We hold that these definitions must be…
Authorities Cited
- Taylor v. State, 444 So. 2d 931 (Fla. 1983)