Wells v. State
District Court of Appeal of Florida
1DissentFerguson, Judge
As a result of a prior adjudication of insanity defendant was presumed to remain in such condition until the state had shown that his sanity had returned. Horace v. R. O. Culver, 111 So.2d 670 (Fla.1959); Wells v. State, 98 So.2d 795 (Fla.1957); Corbin v. State, 129 Fla. 421, 176 So. 435 (1937). That presumption of continued insanity negated criminal intent, State ex rel. Boyd v. Green, 355 So.2d 789 (Fla.1978), an essential element of robbery. Bell v. State, 394 So.2d 979 (Fla.1981). Where the intent of the accused is an ingredient of the crime charged, its existence is a question of fact…
2Cases cited15 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- Hoffman v. JonesSupreme Court of Florida · 1973
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