LINEHAN v. STATE

No. 82-1477.

442 So.2d 244 (1983)

Mitchell LINEHAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1983.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

En Banc.


LEHAN, Judge.

This case involves questions of whether voluntary intoxication is a defense to arson; whether voluntary intoxication is a defense to first degree (felony) murder; and whether the trial court was required to instruct the jury on second degree (depraved mind) murder when the defendant was indicted for first degree (felony) murder.

These questions appear to be matters of first impression in Florida. They are not readily answered under existing principles...

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