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STATE v. BROWN

No. V-84.

307 So.2d 896 (1975)

STATE of Florida, Appellant, v. Frank Phillips BROWN, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 5, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellant.

Joseph S. Farley, Jr., and Lacy Mahon, Jr., Mahon, Farley & Vickers, Jacksonville, for appellee.

McCORD, Judge.

This is an appeal under § 924.07, Florida Statutes, from an order granting appellee's motion for judgment of not guilty by reason of insanity under Rule 3.210(a)(5), F.R.Cr.P.

Appellee is charged with murder in the second degree of one Patrick T. Malcolm by unlawfully stabbing him with a knife. The state filed motion pursuant to Rule 3.210, F.R.Cr.P., for an order causing the appellee to be examined by a qualified psychiatrist for the purpose...

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