POWELL v. GENUNG

No. 45224.

306 So.2d 113 (1974)

James POWELL, Petitioner, v. Don GENUNG, Sheriff, Pinellas County, Florida, and Peter Ivory, M.D., Superintendent, Florida State Hospital, Chattahoochee, Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied February 5, 1975.


Attorney(s) appearing for the Case

Arnold D. Levine of Levine, Freedman & Hirsch, Tampa, for petitioner.

James T. Russell, State's Atty., Denis M. deVlaming, Asst. State's Atty., and James G. Mahorner, Tallahassee, for respondents.


ROBERTS, Justice.

This is an original proceeding in Habeas Corpus. We issued the writ and respondents have filed a return.

Petitioner was charged with murder in the first degree and was found by the jury to be not guilty by reason of insanity. The trial court, thereafter, denied petitioner's motions for entry of judgment of acquittal and for discharge, and after considering the evidence adduced at the trial, the plea of not guilty by reason of insanity and...

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