STATE v. RUSHING

No. 87-1081.

532 So.2d 1338 (1988)

STATE of Florida, Appellant, v. Jeramy R. RUSHING, Appellee.

District Court of Appeal of Florida, Fourth District.

November 2, 1988.


Attorney(s) appearing for the Case

Michael J. Satz, State Atty., and Peter F. LaPorte, Asst. State Atty., Fort Lauderdale, for appellant.

Peter Raben of Breslin & Raben, P.A., Coconut Grove, and Martin J. Schwartz, Hollywood, for appellee.


LETTS, Judge.

The trial court dismissed the information, which charged the defendant with manslaughter by culpable negligence, because the court was of the opinion that a "superceding intervening act" was the cause of death. We reverse.

The defendant and the deceased victim were talking in a bar, the latter evincing unhappiness, depression, and a desire to "blow her brains out." Obligingly, the defendant took the victim out to the parking lot and gave her...

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