Wolfe v. State

ANDREWS, Judge.

Defendant, Karl Richard Wolfe, appeals a judgment of guilty of manslaughter entered on a jury verdict. He was charged by information with second degree murder but convicted of the lesser included offense.

The question presented is the correctness of the trial court’s refusal to declare a mistrial when a witness for the state in reply to a question by the prosecution stated that the deceased victim Frank Sullivan was her husband.

Evidence of the victim’s family status is normally inadmissible in a homicide prosecution. Rowe v. State, 1935, 120 Fla. 649, 163 So. 22; Hathaway v.…