Opinion
Decision Filed May 20, 1926.
A Writ of Error to the Criminal Court of Record for Duval County; James M. Peeler, Judge.
James E. Teate, for Plaintiff in Error;
J. B. Johnson, Attorney General, and Roy Campbell, Assistant, for the State.
The judgment herein of conviction of manslaughter, charged to have been caused by culpable negligence in operating an automobile on the streets of a city in this State, is justified by the evidence and no material errors of law or procedure are made to appear by the record, it being competent for eye-witnesses under the circumstances here shown, to testify as to the speed at which an automobile was being driven on the streets, Sec. 22 C. J. 567-572; Miller v. Jenness, 84 Kansas 608, therefore the judgment should be affirmed. See Hobbs v. State, 83 Fla. 480, 91 South. Rep. 555; Meier v. State, 87 Fla. 133, 99 South. Rep. 124; Denmark v. State, 88 Fla. 244, 102 South. Rep. 246; Shaw v. State, 88 Fla. 320, 102 South. Rep. 550; Cannon v. State, ___ Fla. ___, 107 South. Rep. 360.
Affirmed.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.
BROWN, C. J., AND ELLIS, J., concur in the opinion.