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SHERIDAN v. STATE

No. 69-289.

258 So.2d 43 (1971)

John P. SHERIDAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 7, 1971.

Attorney(s) appearing for the Case

Walter T. Erickson, Vero Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellee.

ON PETITION FOR REHEARING

WALDEN, Judge.

The State's Petition For Rehearing is granted. Our opinion filed on July 14, 1970, is withdrawn and the following opinion substituted.

An automobile operated by defendant collided with a Greyhound bus killing defendant's passenger.

Defendant was convicted of manslaughter by intoxication and manslaughter by culpable negligence. He appeals. We reverse.

Defendant's state of intoxication was a...

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