Pritchett v. State, 81-439
Decision Date | 06 April 1982 |
Docket Number | No. 81-439,81-439 |
Citation | 414 So.2d 2 |
Parties | James PRITCHETT, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellant.
Jim Smith, Atty. Gen., for appellee.
Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.
Filmon v. State, 336 So.2d 586, 589-90 (Fla.1976), quoting Miller v. State, 75 So.2d 312, 313-14 (Fla.1954); see Cannon v. State, 91 Fla. 214, 107 So. 360 (Fla.1926); accord, McCreary v. State, 371 So.2d 1024 (Fla.1979), and to warrant a conviction for manslaughter by culpable negligence of a passenger in the defendant's plane.
Even if, arguendo, any evidence against the defendant should not have been admitted, but see Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); State v. Sobel, 363 So.2d 324 (Fla.1978); Freimuth v. State, 272 So.2d 473 (Fla.1972); State v. Gibson, 362 So.2d 41 (Fla. 3d DCA 1978), the admission of such evidence was harmless and did not unduly prejudice the defendant's right to a fair trial.
Affirmed.
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...were not so prejudicial to the defendant as to upset the instant convictions. § 59.041, Fla.Stat. (1985). Cf. Pritchett v. State, 414 So.2d 2, 3 (Fla. 3d DCA), rev. denied, 424 So.2d 762 (Fla.1982); Ballard v. State, 323 So.2d 297, 300-01 (Fla. 3d DCA 1975); Lopez v. State, 264 So.2d 69, 70......
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...appellant's part is sufficient to support a verdict of manslaughter. See Filmon v. State, 336 So.2d 586 (Fla.1976); Pritchett v. State, 414 So.2d 2 (Fla. 3d DCA Apr. 6, 1982); Marasa v. State, 394 So.2d 544 (Fla. 5th DCA), cert. denied, 402 So.2d 613 (Fla.1981); O'Berry v. State, 348 So.2d ......
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