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PERKINS v. STATE

No. 85-1713.

519 So.2d 735 (1988)

Cosby R. PERKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 9, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa M. Berlow-Lehner, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

BASKIN, Judge.

Appellant Perkins seeks review of his second degree murder conviction. We reverse.

At trial, Perkins relied on a defense of insanity, and requested the following instruction:

Defense Counsel Requested Instruction No. 3:

I charge you that all men are presumed sane, but the presumption vanishes when there is testimony of insanity sufficient to present a reasonable doubt as to the sanity...

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