YATES v. WAINWRIGHT

No. 32029.

151 So.2d 832 (1962)

James Arnold YATES, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

Supreme Court of Florida.

On Rehearing February 27, 1963.


Attorney(s) appearing for the Case

James Arnold Yates, for petitioner.

Richard W. Ervin, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for respondent.


PER CURIAM.

This case now being before us on the original petition for habeas corpus and the respondent's return, we find that the petitioner at the time he plead guilty and was sentenced, had been adjudged insane in the Court of Ordinary of Thomas County, Georgia and that no formal order had been entered adjudicating him sane, and there being insufficient evidence in the record to overcome the presumption that the insanity continued at the time of the commission...

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