Theus v. State

The appellant was indicted for, and convicted of, manslaughter in the death of her seven-months-old baby and has appealed to this court from her judgment of conviction and sentence entered by the Circuit Court for Bay County.

The sole question presented for our determination in this appeal is whether the State failed to prove a prima facie case of manslaughter through culpable negligence in her baby’s death.

“Manslaughter” is thus defined in Sec. 782.07, Florida Statutes, F.S.A.: “The killing of a human being by the act, procurement or culpable negligence of another, in cases where such killing…