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Porter v. State

Supreme Court of Florida

88 So.2d 924 (1956)

Relevant factsFree

Porter (defendant), driving 60-65 mph on a road he had apparently never traveled, ran through an intersection marked with a stop sign 112 feet away without stopping, colliding with and killing a driver crossing on a road marked only with a slow sign; a jury convicted him of manslaughter, and an earlier majority opinion upheld the conviction as culpable negligence, over a dissent arguing the conduct supported only civil liability. Porter was granted rehearing.

IssueFree

Whether running a stop sign, by itself, constitutes negligence of such a gross and flagrant character as to evince a reckless disregard for human life sufficient for a manslaughter conviction.

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