Legal Opinion

Ellis v. State

District Court of Appeal of Florida

Decided August 21, 1973No. S-298PublishedCited by 1 opinion

1Per curiam

Appellant, a hitchhiker, was convicted of murdering a good Samaritan who stopped and gave him a lift in total disregard of the increasing danger inherent in such practice.

The primary contention made in support of reversal is that there was no evidence of premeditation since it appeared that appellant had been taking drugs.

We reject this contention. Appellant’s ability to formulate his intent to rob his benefactor is ample evidence that his resort to drugs did not have such a disabling effect on him as to negate his ability to intend the consequence of his own acts.

The judgment is affirmed on…

2Cases cited2 opinions

  1. Larry v. StateSupreme Court of Florida · 1958
  2. Leiby v. StateSupreme Court of Florida · 1951

3Cited by1 opinion

  1. Hargrove v. StateDistrict Court of Appeal of Florida · 1973

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API