Hewitt v. State

WARNER, Judge.

This is an appeal from a conviction for first degree murder and robbery and sentence to life imprisonment with a 25-year mandatory minimum prison term. Appellant claims that the trial court erred in denying his special requested instruction on the effect of habitual use of intoxicants. On this point we reverse.

At trial one defense of appellant to the charges against him was that he was insane as a result of excessive use of alcohol coupled with organic brain damage. The appellant requested a charge based on Cirack v. State, 201 So.2d 706 (Fla.1967). Specifically, the appellant…