Opinion
August 17, 1951.
Appeal from the Circuit Court, Lee County, Lynn Gerald, J.
Sheppard Roberts, Fort Myers, for appellant.
Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.
Two questions are presented by appellant for our determination. Appellant contends in the first place that the trial judge erred in denying his motion for a change of venue. We do not find that the record sustains such contention. This Court has consistently held that an application for a change of venue is addressed to the sound judicial discretion of the trial judge. We find nothing in the record which convinces us that the trial judge acted unfairly or that he was guilty of palpable abuse of sound judicial discretion. Wadsworth v. State, 136 Fla. 134, 186 So. 435; Bauer v. State, 117 Fla. 674, 158 So. 168 and cases cited therein.
Appellant's second position is that the evidence produced on behalf of the State in this cause was insufficient to sustain a verdict of manslaughter by reason of the culpable negligence of defendant within the meaning of Section 782.07 Florida Statutes 1941, F.S.A. Our answer to this contention is that we find from examination of the transcript of testimony there was competent, substantial evidence before the jury which, if believed by it, was sufficient to support the verdict. Moreover, the record discloses that the trial judge, in his charge to the jury, fully and completely defined culpable negligence and in doing so used language which had been approved by this Court in many of our prior decisions. Lipsey v. State, 154 Fla. 32, 16 So.2d 439.
Affirmed.
SEBRING, C.J., and TERRELL and THOMAS, JJ., concur.