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Hall v. State

District Court of Appeal of Florida, Second District
May 1, 1974
293 So. 2d 776 (Fla. Dist. Ct. App. 1974)

Opinion

No. 72-539.

May 1, 1974.

Appeal from the Court of Record, Manatee County, Harry C. Parham, J.

James A. Gardner, Public Defender, and D. Turner Matthews and Elliott C. Metcalfe, Jr., Asst. Public Defenders, Bradenton, for appellant; John Hall, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Frank B. Kessler and Guy E. Labalme, Asst. Attys. Gen., Tampa, for appellee.


Two psychiatrists testified that Hall was insane at the time of the crime charged. One psychiatrist, who had not examined Hall, testified on the basis of hypothetical questions fully supported by the evidence that Hall's behavior was not psychotic. Thus, the case is one like Farrell v. State, Fla. 1958, 101 So.2d 130, in which the defense has presented sufficient testimony to raise a reasonable doubt as to the defendant's sanity. It is governed, however, by Byrd v. State, Fla. 1974, ___ So.2d ___, Opinion filed February 21, 1974, in which our Supreme Court held that under these circumstances the presentation by the State of evidence sufficient to warrant a jury finding that the defendant was not legally insane requires affirmance of his conviction.

Affirmed.

HOBSON and McNULTY, JJ., concur.


Summaries of

Hall v. State

District Court of Appeal of Florida, Second District
May 1, 1974
293 So. 2d 776 (Fla. Dist. Ct. App. 1974)
Case details for

Hall v. State

Case Details

Full title:JOHN HALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 1, 1974

Citations

293 So. 2d 776 (Fla. Dist. Ct. App. 1974)

Citing Cases

Richardson v. State

Affirmed. See Byrd v. State, Fla. 1974, 297 So.2d 22, and Hall v. State, Fla.App. 2d 1974, 293 So.2d 776.…