Gilmore v. State

Appellant was charged with the crime of aggravated battery. He pled a defense of temporary insanity. He was found guilty as charged, convicted and sentenced.

On appeal, the appellant argues that the only evidence in the record was that he was insane at the time the criminal incident occurred and, therefore, he was entitled to a judgment of acquittal or a directed verdict, citing Blocker v. State, 87 Fla. 128, 99 So. 250 (1924); Farrell v. State, 101 So.2d 130 (Fla.1958).

The above cited authorities are found not to be applicable in the instant case, because there were lay eye witnesses who…