Cole v. State
Cole v. State
320 So. 2d 826
(Southern Reporter, Second Series)
Cole v. State
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.