SMITH v. STATE

No. 77-222.

353 So.2d 1277 (1978)

Allan Dale SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 7, 1978.


Attorney(s) appearing for the Case

Donald G. Doddington and John A. Gillis, P.A., Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Appellant was convicted of second-degree murder and sentenced to 30 years. We affirm for the reasons hereafter stated.

Appellant pled not guilty and raised an insanity defense. Appellant's attorney requested an instruction in order to "give the jury the idea this man [the appellant] may not necessarily go completely free if he is found not guilty by reason of insanity." Appellant's attorney — in requesting the instruction — stated...

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