Outler v. State, 74--795
| Decision Date | 18 November 1975 |
| Docket Number | No. 74--795,74--795 |
| Citation | 322 So.2d 623 |
| Parties | Harvey Lee OUTLER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
David F. Cerf, Jr., Miami, for appellant.
Robert L. Shevin, Atty. Gen. and Arthur Joel Berger, Asst. Atty. Gen., for appellee.
Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.
Harvey Lee Outler was indicted for the crime of second degree murder, tried by jury, found guilty of manslaughter and sentenced to 12 years in the state penitentiary. This appeal ensued.
The pertinent facts, briefly, are that in 1964, and thereafter, Outler was keeping company with Mabel. Mabel became quite possessive over the years. After she threatened to see 'Outler dead rather than with another woman' and had made several attempts to harm him with ice picks, knives and lye, Outler began to carry a gun to 'protect himself.' In 1973, Mabel accosted Outler while he was seated in his automobile outside a liquor bar. Outler pulled a gun to scare her away from the door of the car. Mabel grabbed his arm, at which time the gun discharged, killing Mabel.
Of the seven issues raised on appeal, we are of the opinion that three merit discussion: (1) That the court committed reversible error in permitting testimony of a collateral crime committed by Outler against Mabel, the decedent. (2) That the court erred in excluding expert and lay testimony about the reasonability of Outler's belief in voodoo. (3) That the evidence was insufficient to support a conviction of manslaughter.
As to the first issue, the record reflects that the prosecution asked Outler whether he had committed the crime of an assault on Mabel on November 26, 1970. Outler first denied it, then admitted to pleading guilty to the charge of assault and battery on Mabel. He was sentenced to time already served in jail. To this testimony Outler objected. An exception to the general rule of exclusion of collateral evidence which tends to suggest the commission of an independent crime is where the evidence sought to be adduced tends to prove that the act charged was not the result of accident, mistake or inadvertence. Williams v. State, Fla.1959, 110 So.2d 654 and Andrews v. State, Fla.App.1965, 172 So.2d 505. Since Outler had committed a previous crime of assault and battery against Mabel and then was charged in this case with killing Mabel, it is apparent that the evidence of a prior offense was admissible.
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