W.L.H. v. STATE

No. 97-1297.

702 So.2d 1347 (1997)

W.L.H., III, a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 12, 1997.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, Judge.

The issue in this case is whether the act of intentionally pointing an automatic pistol at another person and pulling the trigger, resulting in the victim's death, constitutes the crime of manslaughter, even though the perpetrator believed the pistol to be unloaded and did not intend to inflict physical harm. We believe the answer is yes based upon precedent from this and other courts. See, e.g., Berry v. State, 547 So.2d...

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