LYTWYN v. STATE

No. DD-358.

353 So.2d 222 (1977)

Michael John LYTWYN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 30, 1977.


Attorney(s) appearing for the Case

Harry Lewis Michaels and E. Douglas Spangler, of Michaels & Spangler, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.


RAWLS, Acting Chief Judge.

Appellant, in appealing a conviction of manslaughter, poses the following meritorious point on appeal: Whether the trial court erred in instructing the jury as to the presumption of intoxication pursuant to Section 322.262(2)(c), Florida Statutes.

An automobile, which appellant was driving, collided with an automobile that swung in his path while making an improper turn. Two passengers in the latter automobile died as a result of...

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