Thompson v. State
| Citation | 146 So. 201,108 Fla. 370 |
| Parties | THOMPSON v. STATE. |
| Decision Date | 23 February 1933 |
| Court | United States State Supreme Court of Florida |
En Banc.
Error to Criminal Court of Record, Duval County; James M. Peeler Judge.
C. E Thompson was convicted of manslaughter, and he brings error.
Reversed.
Edwards & Marchant, of Lakeland, for plaintiff in error.
Cary D Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
The information in this case charged that the defendant, C. E. Thompson, parked his truck on the highway unlawfully, carelessly, and recklessly, and with culpable negligence, in the nighttime, by not having lights on the front and rear, and that because of this, one R. H. Reddick, traveling in another car, was caused to swerve his automobile on the highway in such manner as to cause his car to collide with a motor truck being driven by one Alvin Jordan.
As a result of the collision between Reddick's automobile and Jordan's truck, Reddick and another man named Roberts were killed. The jury found Thompson guilty of manslaughter. From the sentence of three years in the penitentiary imposed, this writ of error is taken.
The judgment of conviction in this case must be reversed on the authority of Austin v. State, 101 Fla. 990, 132 So. 491.
In this case the evidence does not show that the accused had through culpable negligence left undone anything that a reasonably prudent and cautious man would have done under the circumstances, nor does the evidence show that accused had done anything which a reasonably prudent and cautious man would not have done under the circumstances, to avoid the death of travelers on the highway, who might collide with his truck unavoidably stopped in the roadway, while defendant attempted to get it in condition so that it could travel on, after it had been disabled through a flat tire. This is established by the unimpeached testimony of witnesses for defendant that defendant had directed his son to stand in the roadway to flag the rapidly approaching car which later collided with the Jordan truck and resulted in the death of the former car's driver, when the car driven by deceased swerved around the defendant's parked truck and collided with the Jordan truck then just about to pass it.
In reversing the instant conviction, this court does not mean to imply that it holds the rule to be that, under the laws of this state, in no instance can a man be...
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State v. Yowell
...of time and place between the wrongful act and the death. For cases from courts adhering to this rule see Thompson v. State of Florida, 108 Fla. 370, 372, 146 So. 201; Maxon v. State, 177 Wis. 379, 385, 187 N.W. 753, 21 A.L.R. 1484; Votre v. State, 192 Ind. 684, 685, 686, 138 N.E. 257; Peop......
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State v. Gensler
...citation of authority is required to establish that a criminal conviction cannot be justified on this basis. See Thompson v. State, 108 Fla. 370, 372, 146 So. 201, 202 (1933);4 Lemming v. State, 159 So.2d 486, 487 (Fla. 2d DCA 1964);5 Walling v. Lingelbach, 33 Ill.App.3d 949, 338 N.E.2d 917......
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Baker v. State
...of proof for a manslaughter conviction based on culpable negligence under section 782.07, Florida Statutes (1977). Thompson v. State, 108 Fla. 370, 146 So. 201 (1933); Tegethoff v. State, 220 So.2d 399 (Fla. 4th DCA 1969); Karl v. State, 144 So.2d 869 (Fla. 3d DCA 1962). He concludes, there......
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Williams v. Esaw, 47228
...of time and place between the wrongful act and the death. For cases from courts adhering to this rule see Thompson v. State of Florida, 108 Fla. 370, 372, 146 So. 201; Maxon v. State, 177 Wis. 379, 385, 187 N.W. 753; Votre v. State, 192 Ind. 664, 685, 686, 138 N.E. 257; People v. Mulcahy, 3......