Florida District Courts of Appeal, 1975

Cole v. State

Cole v. State
Florida District Courts of Appeal · Decided October 24, 1975 · Cross, Downey, Mager
320 So. 2d 826 (Southern Reporter, Second Series)

Cole v. State

Opinion of the Court

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, JJā€ž concur.

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