Florida District Courts of Appeal, 1970

State ex rel. Lipke v. Cowart

State ex rel. Lipke v. Cowart
Florida District Courts of Appeal · Decided March 4, 1970 · McCain, Owen, Reed
234 So. 2d 149; 1970 Fla. App. LEXIS 6481 (Southern Reporter, Second Series)

State ex rel. Lipke v. Cowart

Opinion of the Court

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 *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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