Clark v. Wainwright

148 So. 2d 273
CourtSupreme Court of Florida
DecidedJanuary 4, 1963
DocketNo. 32155
StatusPublished

This text of 148 So. 2d 273 (Clark v. Wainwright) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Wainwright, 148 So. 2d 273 (Fla. 1963).

Opinion

PER CURIAM.

It appearing that at the time the petitioner was convicted and sentenced he had been adjudged incompetent, and the record containing no evidence to overcome the presumption that petitioner’s insanity continued at the time of commission of the .alleged crimes and imposition of sentences,

It is the order of this court that the judgments and sentences attacked be vacated and the petitioner remanded to the custody of the sheriff of Dade County for further proceedings upon the informations filed against him in accordance with the provisions of Sec. 917.01, Florida Statutes 1959, F.S.A., and the opinion of this court in Horace v. Culver, Fla., 111 So.2d 670.

ROBERTS, C. J., and TERRELL, THOMAS, O’CONNELL and CALDWELL, JT., concur.

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Related

Horace v. Culver
111 So. 2d 670 (Supreme Court of Florida, 1959)

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Bluebook (online)
148 So. 2d 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-wainwright-fla-1963.