Cole v. State

District Court of Appeal of Florida

Cole v. State

320 So. 2d 826

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 1975

DocketNo. 74-1710

StatusPublished

This text of 320 So. 2d 826 (Cole v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. State, 320 So. 2d 826 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

Upon review of the briefs and record on appeal we are of the opinion that the evidence clearly demonstrates a reasonable doubt as to the sanity of the defendant at the time of the offense so as to overcome the presumption of sanity. Byrd v. State, Fla.1974, 297 So.2d 22; Farrell v. State, Fla. 1958, 101 So.2d 130. A reasonable doubt having been raised and the state having failed to overcome it, the judgment is reversed and the cause remanded for a new trial. Cf. Powell v. Genung, Fla.1974, 306 So.2d 113.

Reversed and remanded.

CROSS, MAGER and DOWNEY, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Upon review of the briefs and record on appeal we are of the opinion that the evidence clearly demonstrates a reasonable doubt as to the sanity of the defendant at the time of the offense so as to overcome the presumption of sanity. Byrd v. State, Fla.1974, 297 So.2d 22; Farrell v. State, Fla. 1958, 101 So.2d 130. A reasonable doubt having been raised and the state having failed to overcome it, the judgment is reversed and the cause remanded for a new trial. Cf. Powell v. Genung, Fla.1974, 306 So.2d 113.

Reversed and remanded.

CROSS, MAGER and DOWNEY, JJ„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

320 So. 2d 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-state-fladistctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack