Whitman v. State

(dissenting in part) : It appears to me that the indictment in this case was drawn under Sec. 5039, Rev. Gen. Stats., 7141 Comp. Gen. Laws, the general statute on the subject of manslaughter. It is true that in addition to the language necessary to constitute a charge under this statute the indictment embraces the following words: “And being at the time under the influence of intoxicating liquors.” It was held in Cannon v. State, 107 Fla. 360, 91 So. R. 214, that these words are not sufficient to charge an offense under Chap. 9269 of the Laws of 1923, which makes it manslaughter where a…