Opinion

Hulst v. State

  • 123 Fla. 315
  • 166 So. 828
  • 1936 Fla. LEXIS 977
Court
Supreme Court of Florida
Filed
Mar 23, 1936
Status
Published
Author
Brown
On the bench
Whitfield, Ellis, Buford, Davis, Terrell, Brown
Cited by
33 cases
Authority
More cited than 37.4%

culpable negligence "replaces" the element of criminal intent

How later courts described this case

  • culpable negligence "replaces" the element of criminal intent

Written by the judges who cited it.

The opinion

Brown, J.

(dissenting). — Considering the charge as a whole, I do not think any reversible error appears. So considered, it was fair to the defendant and not calculated to mislead the jury. Nor does the record show that the defendant objected or excepted to any portion of the charge, or to the charge as a whole, and the motion for new trial does not sufficiently identify the portions of the charge which are now claimed to be erroneous. Nussbaumer v. State, 54 Fla. 87 , . 44 So. 712 ; Richardson v. State, 100 Fla. 835 , 130 So. 718 , Shepherd v. State, 36 Fla. 374 , 18 So. 773 . The statute requires this, Sec. 4367, C. G. L.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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