Judges: PER CURIAM.
Attorneys: Van C. Swearingen and I.J.A. Renno, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.
Filed: Mar. 23, 1936
Latest Update: Mar. 02, 2020
Summary: An information was filed against Mahlon Hulst in the Criminal Court of Record for Dade County, in which the defendant was charged, under Section 7141 C.G.L., with the manslaughter of Montgomery Lee, effected by means of the defendant's act, procurment or culpable negligence. The defendant was arraigned and plead "not guilty," and was tried on January 30, 1935. The evidence showed that on the night of December 15, 1934, between eight and eight-thirty o'clock, Montgomery Lee, about eleven years of
Summary: An information was filed against Mahlon Hulst in the Criminal Court of Record for Dade County, in which the defendant was charged, under Section 7141 C.G.L., with the manslaughter of Montgomery Lee, effected by means of the defendant's act, procurment or culpable negligence. The defendant was arraigned and plead "not guilty," and was tried on January 30, 1935. The evidence showed that on the night of December 15, 1934, between eight and eight-thirty o'clock, Montgomery Lee, about eleven years of ..
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Considering the charge as a whole, I do not think any reversible error appears. So considered, it was fair to the defendant and not calculated to mislead the jury. Nor does the record show that the defendant objected or excepted to any portion of the charge, or to the charge as a whole, and the motion for new trial does not sufficiently identify the portions of the charge which are now claimed to be erroneous. Nussbaumer v. State, 54 Fla. 87, 44 So. 712; Richardson v. State, 100 Fla. 835, 130 So. 718, Shepherd v. State, 36 Fla. 374, 18 So. 773. The statute requires this, Sec. 4367, C.G.L.
