BETHEL v. STATE

No. 73-1477.

305 So.2d 251 (1974)

Kelsey BETHEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Joel Hirschhorn and Yale Freeman, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., HAVERFIELD, J., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

Defendant-appellant was indicted for rape, tried by jury, found guilty, and sentenced to 25 years in the state penitentiary.

Defendant-appellant has presented some nine points on appeal, only a few of which merit some discussion.

Appellant first urges as error the refusal of the trial court to instruct the jury on the Durham rule of insanity.

Since 1902, Florida expressly has followed the "M'Naghten" Rule, which still is the test...

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