Hobbs v. State

Citations

• 83 Fla. 480
• 91 So. 555

Syllabus

<p>1. Unless the ruling of the trial court refusing to give a requested instruction is excepted to at the time of 'the refusal, such ruling cannot be made the basis of an assignment of error which may be considered by the appellate court.</p> <p>2. Where refusals to give two or more separate instructions containing distinct propositions of law are embraced in one general exception, the exception thus taken is not available before the appellate court if any one of such charges was properly refused.</p> <p>•3. Upon a charge of manslaughter resulting from the culpable negligence of the accused in -operating an automobile at an unlawful rate of speed upon a public street of a city while in an intoxicated condition, by colliding with the deceased, where there is ample proof to sustain the allegation that defendant was operating the automobile upon such public street at an unlawful and dangerous rate of speed under renditions that warrant a finding of culpable negligence, proof of intoxication of the -defendant at the time is not an indispensable prerequisite to a conviction of the crime charged.</p> <p>t. Evidence examined and found to be sufficient to sustain the verdict finding defendant guilty of manslaughter.</p>