State ex rel. Lipke v. Cowart

District Court of Appeal of Florida

State ex rel. Lipke v. Cowart

234 So. 2d 149, 1970 Fla. App. LEXIS 6481

District Court of Appeal of Florida·Decided March 4, 1970·No. No. 69-740·Published·Cited by 1 cases

Opinion

OWEN, Judge.

Manslaughter by culpable negligence, proscribed by Section 782.07, F.S.1967, F.S.A., is a felony under the definition of Section 775.08, F.S.1967, F.S.A., because it can be punished by imprisonment [150]*150in the state prison. Griffin v. State, Fla. App. 1969, 217 So.2d 893; cf. Brown v. State, Fourth District Court of Appeal, Case No. 2841, opinion filed February 12, 1970. Since it is a felony (rather than a misdemeanor as contended by relator), the Court of Record of Brevard County does have jurisdiction and the writ of prohibition sought against the respondent, as judge of that court, is denied.

REED, J., concurs. McCAIN, J., dissents, without opinion.

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OWEN, Judge.

Manslaughter by culpable negligence, proscribed by Section 782.07, F.S.1967, F.S.A., is a felony under the definition of Section 775.08, F.S.1967, F.S.A., because it can be punished by imprisonment [150]*150in the state prison. Griffin v. State, Fla. App. 1969, 217 So.2d 893; cf. Brown v. State, Fourth District Court of Appeal, Case No. 2841, opinion filed February 12, 1970. Since it is a felony (rather than a misdemeanor as contended by relator), the Court of Record of Brevard County does have jurisdiction and the writ of prohibition sought against the respondent, as judge of that court, is denied.

REED, J., concurs. McCAIN, J., dissents, without opinion.

State ex rel. Lipke v. Cowart, 234 So. 2d 149, 1970 Fla. App. LEXIS 6481 (Fla. Ct. App. 1970).

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Opinion

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