EMERSON v. STATE

No. 73-104.

294 So.2d 721 (1974)

Eugene EMERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 17, 1974.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Norman J. Kapner, Asst. Public Defender, and Bruce Zeidel, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

Appellant was convicted of murder in the first degree and sentenced to life imprisonment. The sole point on appeal warranting consideration is the sufficiency of the evidence to overcome appellant's defense of insanity.

Appellant had been adjudicated incompetent prior to the homicide involved herein. Thus, his plea of insanity placed the burden of proof upon the state to show he was sane at the time of the homicide. Wells v. State, Fla. 1957...

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