TYSON v. STATE

No. 75-1779.

334 So.2d 657 (1976)

Jerry Lindon TYSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 29, 1976.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

The appellant was, by information, charged with an assault to commit murder. He was tried and found guilty of culpable negligence. Upon the rendition of the jury verdict, the trial court adjudicated the defendant guilty and sentenced him to the maximum term allowed. This appeal ensued.

The appellant contends that culpable negligence is not a lesser included offense to the crime upon which he was informed against. The culpable negligence statute...

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