AMBROSE GILMORE, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the jury could reasonably believe lay testimony over expert testimony regarding the defendant's sanity.
Appellant was charged with aggravated battery and pled temporary insanity. He was convicted after a jury found him guilty.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Temporary Insanity Defense cases and more on FLexlaw
PER CURIAM.
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 described the demeanor, circumstances, and actions of the defendant and it was within the province of the jury to believe lay testimony over expert testimony. Brady v. State, 190 So. 2d 607 (Fla.3d DCA 1966); French v. State, 266 So. 2d 51 (Fla.3d DCA 1972); Byrd v. State, 297 So. 2d 22 (Fla.1974); State v. Ward, 374 So. 2d 1128 (Fla.1st DCA 1979). The matter was properly submitted to the jury. We therefore find no error and affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. Wainwright, 650 F.2d 58 (5th Cir. 1981)…appellant’s original sentencing, the Supreme Court of Florida has ruled that incarceration exceeding one year as a condition of probation is unlawful. Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1980) see Gilmore v. State, 393 So. 2d 1163, 1165 (Fla.3d D.C.A.1981). . At the original sentencing, the following dialogue took place: THE COURT: Has it been explained to you that should the court place you on probation for any period of time after the pre-sentence investigation has been f…
Authorities Cited
- Byrd v. State, 297 So. 2d 22 (Fla. 1974)
- Tobie Lee Felder and Odessa Felder v. Adele Mager and Simon A. Herman, 101 So. 2d 130 (Fla. 1957)
- Farrell v. State, 101 So. 2d 130 (Fla. 1958)
- Brady v. State, 190 So. 2d 607 (Fla. 3d DCA 1966)
- Blocker v. State, 87 Fla. 128 (Fla. 1924)
- French v. State, 266 So. 2d 51 (Fla. 3d DCA 1972)
- State v. Ward, 374 So. 2d 1128 (Fla. 1st DCA 1979)