Smith v. State

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 the crime was committed. We cannot interfere with the jury’s resolution of the factual dispute. Byrd v. State, 297 So.2d 22…