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STATE EX REL. LIPKE v. COWART

No. 69-740.

234 So.2d 149 (1970)

STATE of Florida ex rel. Gerald W. LIPKE, Relator, v. Honorable Joe A. COWART, Jr., Judge of the Court of Record of Brevard County, State of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 13, 1970.

Attorney(s) appearing for the Case

Noah C. McKinnon, Jr., of Howell, Kirby, Montgomery & D'Aiuto, Rockledge, for relator.

David M. Porter, County Sol., Titusville, for respondent.

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 in 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...

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