STATE v. FITZPATRICK

No. 73-942.

294 So.2d 708 (1974)

STATE of Florida, Appellant, v. Thomas L. FITZPATRICK, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 1974.


Attorney(s) appearing for the Case

Abbott M. Herring, State's Atty., and Norman A. Tharp, Asst. State's Atty., Titusville, for appellant.

David M. Porter, Titusville, for appellee.


DOWNEY, Judge.

Appellee was charged with operating a motor vehicle while intoxicated or under the influence of intoxicating liquor to such an extent as to deprive him of full possession of his normal faculties causing the death of a human being. Pursuant to Rule 3.190(c)(4), RCrP, 33 F.S.A. he moved to dismiss the information. Said motion was granted and the state has filed this interlocutory appeal.

The thrust of appellee's motion is that the undisputed facts...

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