Ashmore v. State
| Decision Date | 10 September 1968 |
| Docket Number | No. J--77,J--77 |
| Citation | 214 So.2d 67 |
| Parties | James L. ASHMORE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Datz & Jacobson, Jacksonville, for appellant.
Earl Faircloth, Atty. Gen., George R. Georgieff, Asst. Atty. Gen., for appellee.
Appellant was convicted on an information charging manslaughter in two counts; driving an automobile while under the influence of intoxicating liquor, and culpable negligence in driving an automobile. He was sentenced to imprisonment for six months to five years on each count, the sentences to run concurrently.
The incident on which the charges are based occurred when appellant, a member of the armed forces, was driving north shortly after 9:00 P.M. on U.S. Highway 17, which is a two-lane road in a sparsely populated area where there are no street lights. Appellant left his duty station at the air base about 6:45 P.M. and went to a nearby saloon where he met a friend and consumed three alcoholic drinks. While going north on said highway to take his friend home, appellant's car ran into the rear of the deceased's car, which had entered the highway from a side road at a very slow rate of speed. Appellant was going about 60 to 65 miles per hour. Appellant was unable to go around decedent's car or stop in time to avert the collision, and upon impact it turned over and caught on fire and badly burned both occupants, one of whom died shortly thereafter.
One of the contentions urged by appellant as basis for reversal is that the trial court erred in permitting the results of a blood test administered to him to be introduced in evidence over his objection. This contention is based upon the privileged status accorded statements made by a person involved in a vehicular accident by the provisions of Section 317.171, Florida Statutes, F.S.A.
We have examined the testimony contained in the record on appeal regarding the circumstances surrounding the consent given by appellant for testing the alcohol level of his blood and are of the opinion that there is sufficient evidence to support the trial judge's conclusion inherent in his ruling that the consent for the test was voluntarily given by appellant after he had been informed that the victim was dead and that the test was sought in furtherance of the investigation for a manslaughter case precipitated by such death. Both Officer Rudd and Dr. Quinn testified that the appellant was informed that the test was sought in connection with the death of the victim and that the results of the test could be held against him.
The record makes it clear that the consent for the test was not sought until after the officers learned of the death and embarked upon their criminal investigation for manslaughter. Under these circumstances, the blood test results are admissible in evidence. See State v. Coffey, 212 So.2d 632, Opinion Filed July 2, 1968, Supreme Court.
Appellant also contends that error was committed when the State permitted the decedent's husband to testify as to her identity in view of the availability of another witness for this purpose. The second identity...
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