## Facts

- Harvey Sylvester Porter drove north toward an intersection marked by multiple stop warnings, including a stop sign 112 feet before the intersection and “Stop” painted on the roadway.
- The decedent drove west on the cross street, which was marked with only a “slow” sign.
- At about 9:30 a.m. on a Saturday, Porter’s vehicle entered the intersection and its right front struck the left front and side of the decedent’s vehicle.
- The collision caused the decedent’s death.
- Evidence permitted the jury to find Porter was traveling about 60–65 mph and did not stop before entering the intersection.
- The record did not establish the posted speed limit; the court presumed a 60 mph limit for the area.
- A jury convicted Porter of manslaughter for causing death by culpable negligence in operating an automobile; Porter appealed, challenging the sufficiency of the evidence.

## Issues

1. Whether evidence that the defendant drove about 60–65 mph and failed to stop at a clearly marked stop sign before entering an intersection, causing a fatal collision, was sufficient to prove manslaughter by “culpable negligence” under Florida law.

## Decision

- The Supreme Court of Florida affirmed the manslaughter conviction.
- The court held that excessive speed alone is insufficient to establish culpable negligence, but speed combined with running a clearly marked stop sign at an intersection could meet the “gross and flagrant” standard.
- The court concluded the jury had sufficient evidence to find Porter’s conduct showed reckless disregard for human life or safety.

## Legal Principles

- “Culpable negligence” under Florida’s manslaughter statute requires negligence of a gross and flagrant character showing reckless disregard for human life or safety, an entire want of care suggesting indifference to consequences, or wanton or reckless disregard equivalent to an intentional violation of others’ rights.
- Excessive speed alone does not establish culpable negligence for manslaughter; additional aggravating conduct may elevate driving behavior from civil negligence to criminal culpability.
- Entering an intersection at a high rate of speed while failing to obey an obvious stop control may constitute culpable negligence when it creates a clear and substantial risk to others.

## Conclusion

The court upheld the manslaughter conviction because the evidence allowed the jury to find that Porter’s high speed combined with running a plainly marked stop sign amounted to culpable negligence causing the fatal collision.


Porter v. State, 88 So. 2d 924 (Fla. 1956)