SMITH v. STATE

No. 84-1993.

497 So.2d 910 (1986)

Harold SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Sharon B. Jacobs, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

After a jury trial at which his sole defense was insanity, the appellant Smith was convicted of the second degree murder of his wife. His first point on appeal claims that he was entitled to a directed verdict of not guilty by reason of insanity. We find, however, that while Smith presented substantial expert and lay evidence in support of his defense, there was ample contrary testimony of both types that the defendant was in fact sane when...

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