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SMITH v. STATE

No. 53708.

378 So.2d 281 (1979)

Eddie Lee SMITH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

December 20, 1979.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Randolph P. Murrell, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

SUNDBERG, Justice.

This case reaches us by direct appeal from the Circuit Court for Leon County. In denying appellant's motion to dismiss the information filed against him, the circuit court upheld the validity of the DWI manslaughter statute, section 860.01, Florida Statutes (1977),1 thereby vesting this Court with jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution.

The evidence adduced at trial showed the...

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