Shaw v. State
| Decision Date | 08 November 1924 |
| Citation | 102 So. 550,88 Fla. 320 |
| Parties | SHAW v. STATE. |
| Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Jackson County; Amos Lewis, Judge.
Joe Shaw was convicted of manslaughter, and he brings error.
Affirmed.
Syllabus by the Court
On indictment sufficiently alleging manslaughter and evidence sustaining verdict, conviction and sentence will be affirmed in absence of harmful errors. When the indictment sufficiently alleges the statutory offense of manslaughter by culpable negligence in driving and operating an automobile in a dangerous, reckless, careless, and negligent manner, and the evidence sustains a verdict of guilt, the judgment of conviction and sentence rendered on the verdict will be affirmed, no material or harmful errors of law or procedure appearing in the record.
Thomas E. Walker, of Marianna, for plaintiff in error.
Rivers Buford, Atty. Gen., and Marvin C. McIntosh, Asst. Atty. Gen for the State.
Writ of error was taken to a judgment of conviction for manslaughter.
The indictment contains an allegation that Joe Shaw 'did unlawfully, feloniously, by his act, procurement, and culpable negligence, and from and with a reckless disregard for the life and safety of one Wade Armstrong, a human being did then and there kill the said Wade Armstrong by running against and striking the said Wade Armstrong with a certain automobile which he the said Joe Shaw was then and there driving and operating in a dangerous, reckless, careless, and negligent manner.'
The statute provides that----
'The killing of a human being by the act procurement or culpable negligence of another, in cases where such killing shall not be justifiable or excusable homicide nor murder, according to the provisions of this article, shall be deemed manslaughter.' Section 5039, Rev. Gen. Stats. 1920.
'No person shall operate a motor vehicle on the public highways of this state recklessly or at a rate of speed greater than is reasonable and proper, having regard to the width, traffic and use of the highway, or so as to endanger the property or the life or limb of any person.' Section 1023, Rev. Gen. Stats. 1920.
The defendant testified that he was driving south on the road, and saw the deceased 'on the right-hand side' 'something like 150 or maybe 175 yards away' on a straight road 25 or 30 feet wide, and that when 'I got in about 50 yards of him I blowed, but he didn't pay no mind, he just stayed where he was, and I went on, and I got in about 20 yards of him and blowed again, and he didn't pay no mind, and I went on and turned to my left, and when I got in about something like 5 or 6 feet of him he looked like he 'yarned' something--he heard something--he turned his head to the right and run right across the road to the left in front of my car, and I was so close to him I couldn't keep if off of him.' 'The right-hand fender of the car struck him--the right-hand wheel next to him struck him.' The deceased was deaf, but the defendant testified that he did not know it.
There is testimony that the car was 'going about 25 or...
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