Cole v. State
320 So. 2d 826
Procedural entryThis page is a short order in Cole v. State. Read the opinion of the Court — 276 So. 2d 100 →
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Cole v. State, 320 So. 2d 826 (Fla. Ct. App. 1975).
320 So. 2d 826 (Cole v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Byrd v. State
297 So. 2d 22 (Supreme Court of Florida, 1974)
Farrell v. State
101 So. 2d 130 (Supreme Court of Florida, 1958)
Powell v. Genung
306 So. 2d 113 (Supreme Court of Florida, 1974)