Mauldin v. State

District Court of Appeal of Florida

Mauldin v. State

351 So. 2d 753

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1977

DocketNo. FF-413

StatusPublished

Cited by1 cases

This text of 351 So. 2d 753 (Mauldin 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.

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Mauldin v. State, 351 So. 2d 753 (Fla. Ct. App. 1977).

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Opinion

SMITH, Judge.

There was no reversible error in the trial court’s refusal to charge the jury that insanity may result from extended and habitual intoxication. Appropriate charges were given on insanity and on intoxication as rendering a person incapable of a crime requiring specific intent. The jury convicted of murder in the first degree, obviously persuaded that appellant intended the death of the deceased. The charge that “voluntary drunkenness or intoxication does not excuse nor justify the commission of a crime” was appropriately qualified, was not confusing, and produced no harmful error.

AFFIRMED.

BOYER, Acting C. J., and MILLS, J., concur.

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SMITH, Judge.

There was no reversible error in the trial court’s refusal to charge the jury that insanity may result from extended and habitual intoxication. Appropriate charges were given on insanity and on intoxication as rendering a person incapable of a crime requiring specific intent. The jury convicted of murder in the first degree, obviously persuaded that appellant intended the death of the deceased. The charge that “voluntary drunkenness or intoxication does not excuse nor justify the commission of a crime” was appropriately qualified, was not confusing, and produced no harmful error.

AFFIRMED.

BOYER, Acting C. J., and MILLS, J., concur.

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351 So. 2d 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mauldin-v-state-fladistctapp-1977.

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