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STATE ATTORNEY FOR TWENTIETH CIRCUIT v. McNALLY

No. 75-1131.

336 So.2d 713 (1976)

STATE of Florida, by and through the Office of the State Attorney for the Twentieth Judicial Circuit, Petitioner, v. John Patrick McNALLY, Respondent.

District Court of Appeal of Florida, Second District.

September 1, 1976.

Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State Atty., and Louis S. St. Laurent and Dennis Hedge, Asst. State Attys., Fort Myers, for petitioner.

Frank C. Alderman, III, of Alderman & Wallace, Fort Myers, for respondent.

PER CURIAM.

The state contends the trial court erred in denying its motion to strike the evidence of insanity which respondent McNally intends to introduce at trial. We disagree and deny certiorari.

McNally was charged with four counts of manslaughter, two pursuant to Fla. Stat. § 782.07 (manslaughter by culpable negligence), and two pursuant to Fla. Stat. § 860.01 (manslaughter by driving an automobile while intoxicated). McNally notified the state...

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