Bethel v. State

Defendant-appellant was indicted for rape, tried by jury, found guilty, and sentenced to 25 years in the state penitentiary.

Defendant-appellant has presented some nine points on appeal, only a few of which merit some discussion.

Appellant first urges as error the refusal of the trial court to instruct the jury on the Durham rule of insanity.

Since 1902, Florida expressly has followed the “M’Naghten” Rule, which still is the test for insanity at the present time. Anderson v. State, Fla.1973, 276 So.2d 17. Thus this point of appellant must fail.

Defendant also argued that the court erred in…