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YOHN v. STATE

No. 65,504.

476 So.2d 123 (1985)

Tura YOHN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 7, 1985.

Attorney(s) appearing for the Case

Robert B. Staats of Staats, Overstreet & White, Panama City, for petitioner.

Jim Smith, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for respondent.

ADKINS, Justice.

The First District Court of Appeal certified to this Court the following question:

If the state has the burden to prove beyond a reasonable doubt that a defendant was sane at the time of the offense when the defense of insanity has been raised, is the giving of the present insanity instruction, as set forth in standard jury instruction 3.04(b), along with the general reasonable doubt instruction sufficient, notwithstanding the defendant having...

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