District Court of Appeal of Florida

A conviction for manslaughter by act does not require an intent to kill but only an intentional act that causes the death of the victim. A conviction and sentence for manslaughter, for defendant's striking the victim with a single punch to the head, is affirmed over claims that the trial court erred in denying a motion for judgment of acquittal because defendant's actions constituted excusable homicide as a matter of law, and the state failed to present sufficient evidence of manslaughter by act or manslaughter by culpable negligence.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellees:
  
• Joseph Beeler and H. Eugene Lindsey of Ferrell Schultz Carter & Fertel, P.A., Miami, for Appellant/Cross-Appellee., Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock and C. Suzanne Bechard, Assistant Attorneys General, Tampa, for Appellee/Cross-Appellant.