Patterson v. State
| Citation | 128 Fla. 539,175 So. 730 |
| Parties | PATTERSON v. STATE. |
| Decision Date | 19 May 1937 |
| Court | United States State Supreme Court of Florida |
Rehearing Denied July 26, 1937.
Error to Circuit Court, Manatee County; W. T. Harrison, Judge.
Andrew S. Patterson was convicted of manslaughter, and he brings error.
Affirmed.
COUNSEL John B. Singeltary, of Bradentown, and J. Irvin Walden, of Sarasota, for plaintiff in error.
Cary D Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The plaintiff in error was convicted of manslaughter under an information in two counts. Motion was made to quash the information.
The charging part of the first count of the information is as follows: 'That Andrew S. Patterson late of the County and State aforesaid on the 4th day of July in the year of our Lord One Thousand Nine Hundred and Thirty five, in the County and State aforesaid, did unlawfully, by and through his own act, procurement and culpable negligence operate a certain Packard automobile in such a negligent, careless and reckless manner as to run upon and against Shirley Guthrie, with such force and violence as to inflict in an upon the person of Shirley Guthrie, certain mortal injuries of which nortal injuries the said Shirley Guthrie then and there died contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Florida.'
The charging part of the second count was as follows: 'That Andrew S. Patterson, late of the County and State aforesaid on the 4th day of July A.D. 1935, in the county and State aforesaid, did unlawfully, while intoxicated by the use of alcoholic liquor, operate a certain Packard automobile in such a manner as to run upon and against Shirley Guthrie, with such force and violence as to inflict in and upon said Shirley Guthrie mortal injuries of which said mortal injuries the said Shirley Guthrie then and there died, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Florida.'
The first count of the information sufficiently charges the crime of manslaughter under the Florida statute (Comp.Gen.Laws 1927, § 7141).
The second count sufficiently charges the offense denounced by section 7749, Comp.Gen.Laws, being sections 1 and 2 of chapter 9269, Acts of 1923, as amended by section 1 of chapter 11809, Acts of 1927, which provides: 'If the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter and, on conviction be punished as provided by existing law relating to manslaughter.'
It is the contention of the plaintiff in error that because the indictment failed to allege that the motor vehicle at the time of the injury which resulted in the death of another was being operated by the plaintiff in error 'over the highways or streets or thoroughfares of Florida' it was fatally defective. The contention is not tenable. The section of the statute above referred to...
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