MITCHELL v. STATE

No. 78-246.

368 So.2d 607 (1979)

Thomas D. MITCHELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 4, 1979.


Attorney(s) appearing for the Case

Papy, DuVal, Poole & Usich and Harvie S. DuVal, Coral Gables, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt and Susan Minor, Asst. Attys. Gen., for appellee.

Before KEHOE and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


KEHOE, Judge.

Appellant, defendant below, brings this appeal from a judgment of conviction and sentence for manslaughter by unnecessary killing to prevent an unlawful act. We reverse.

On March 7, 1977, an information was filed charging appellant, an Opa-Locka police officer, with committing the offenses of (1) manslaughter (in violation of Section 782.07, Florida Statutes) and (2) manslaughter by unnecessary killing to prevent an unlawful act (in violation...

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