BRATE v. STATE

No. 84-233.

469 So.2d 790 (1985)

James Elmer BRATE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 20, 1985.


Attorney(s) appearing for the Case

David A. Maney and Lee S. Damsker of Maney & Damsker, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, EDWARD F. (Ret.), Judge.

The state charged appellant James Elmer Brate, Jr., with second degree murder of Paul Kachanovich, an individual who died of abdominal injuries shortly after being involved in an automobile collision and then being stomped in the abdomen by appellant. Following a jury trial, appellant was convicted of manslaughter; he challenges that conviction in this appeal, contending that the state...

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