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

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1970

DocketNo. 69-740

StatusPublished

Cited by1 cases

This text of 234 So. 2d 149 (State ex rel. Lipke v. Cowart) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

234 So. 2d 149, 1970 Fla. App. LEXIS 6481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lipke-v-cowart-fladistctapp-1970.

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