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320 So. 2d 826

Cole v. State

District Court of Appeal of Florida

Decided October 24, 1975

District Court of Appeal of Florida · decided 1975-10-24

Cited by 4 later decisions — most recently June 1981

4 state decisions

Relies on Byrd v. State · 101 So. 2d 130 - Felder v. Mager · 306 So. 2d 113 - Powell v. Genung

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-24

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PER CURIAM.

¶1Upon review of the briefs and record on appeal we are of the opinion that the evidence clearly demonstrates a reasonable doubt as to the sanity of the defendant at the time of the offense so as to overcome the presumption of sanity. Byrd v. State, Fla.1974, 297 So.2d 22; Farrell v. State, Fla. 1958, 101 So.2d 130. A reasonable doubt having been raised and the state having failed to overcome it, the judgment is reversed and the cause remanded for a new trial. Cf. Powell v. Genung, Fla.1974, 306 So.2d 113.

¶2Reversed and remanded.

CROSS, MAGER and DOWNEY, JJ„ concur.
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