Walter v. State

This is an appeal from a judgment of conviction for manslaughter. As we read this record, the evidence in the case did not show anything more than simple negligence. It fell far short of that culpable negligence required to be shown in order to sustain a conviction of manslaughter.

The judgment must be reversed upon the authority of Russ v. State, 140 Fla. 217, 191 So. 296, wherein it was said.

“This Court is committed to the rule that the degree of negligence required to sustain imprisonment should be at least as high as that required for the imposition of punitive damages in a civil action.…