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Legal Opinion

McHugh v. State

Supreme Court of Florida

Decided July 23, 1948PublishedCited by 20 opinions

1Opinion of the Court

ADAMS, J.:

This appeal presents a question of former jeopardy.

Appellant drove an automobile into a motor scooter and killed two news boys riding thereon.

Under Sec. 782.07, Fla. Stat., he was informed against and charged with manslaughter for killing one of the boys through culpable negligence. He was also charged, under Sec. 860.01, Fla. Stat., with manslaughter for killing the other boy by operation of a motor vehicle while intoxicated.

On the former charge he was acquitted and when the other case was called for trial a plea of former jeopardy was interposed. This plea went out on demurrer and…

2Cases cited10 opinions

  1. The People v. AllenIllinois Supreme Court · 1937
  2. State v. FredlundSupreme Court of Minnesota · 1937
  3. Fay v. StateCourt of Criminal Appeals of Oklahoma · 1937
  4. Fleming v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
  5. Lawrence v. CommonwealthSupreme Court of Virginia · 1943

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3Cited by20 opinions

  1. Ex Parte RathmellCourt of Criminal Appeals of Texas · 1986
  2. State v. RabeWisconsin Supreme Court · 1980
  3. Bautista v. StateSupreme Court of Florida · 2003
  4. State v. McFaddenSupreme Court of Iowa · 1982
  5. State v. IrvinTennessee Supreme Court · 1980

15 more not listed; retrieve them via the Exa API.

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