Legal Opinion

Bruneau v. State

District Court of Appeal of Florida

Decided January 30, 1974No. 72-64Published

1Opinion of the Court

MANN, Chief Judge.

Bruneau, armed with a gun, forced his way into a Lakeland home when the maid answered the doorbell. A methodical burglary was in process when the police, called by an astute observer, arrived at the scene. Bruneau fled, shooting a policeman in the process. It is now urged that his conviction of assault with intent to commit murder in the first degree cannot stand because his specific intent is unproved. We disagree. When a burglar fires a pistol at a pursuing policeman the jury may infer his intent to kill. Allen v. State, Fla.App.1st. 1960, 124 So.2d 741 is markedly…

2Cases cited5 opinions

  1. Cone v. StateSupreme Court of Florida · 1973
  2. Edmond v. StateDistrict Court of Appeal of Florida · 1973
  3. Ricard v. StateDistrict Court of Appeal of Florida · 1966
  4. Allen v. StateDistrict Court of Appeal of Florida · 1960
  5. Cobb v. StateDistrict Court of Appeal of Florida · 1968

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