McClain v. State
Cases that cite this one
7 later published cases cite this decision.
- State v. Van Horn (Florida Circuit Courts 1987)
- Gryczan v. State (Fla. Dist. Ct. App. 1999)
- State v. Van Horn (Fla. Dist. Ct. App. 1988)
- Sands v. State (Fla. Dist. Ct. App. 1981)
- Cozart v. State (Fla. Dist. Ct. App. 1981)
- Tillman v. State (Fla. Dist. Ct. App. 1981)
- Hill v. State (Fla. Dist. Ct. App. 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Larry Thomas McCLAIN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Richard W. Ervin, III, Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Gerry B. Rose, Asst. Atty. Gen., for appellee.
SMITH, Judge.
McClain urges on appeal that his insanity defense to the charge of escape was established as a matter of law by testimony of a psychiatrist for the defense. No opinion testimony was offered by the State. There was evidence, however, of the deliberate and stealthy nature of the escape and there was testimony by two lay witnesses for the State of McClain's normal and lucid conduct the night he escaped. That testimony distinguishes this case from Armstrong v. State, 30 Fla. 170, 206, 11 So. 618, 627 (1892), and presented a jury question on the issue of McClain's competence to commit the offense. See Byrd v. State, 297 So.2d 22 (Fla. 1974). The judgment and sentence are
Affirmed.
BOYER, C.J., and MILLS, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.