VERA LEE NUNN, APPELLANT,
v.
G. M. NUNN, APPELLEE

Fla. 2d DCA | 1966-05-11
No. 6568
LILES, Acting C. J., and HOBSON and PIERCE, JJ., concur.
186 So. 2d 93 Florida District Court of Appeal, Second District (1966) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After careful consideration of the briefs, an examination of the record, including a thorough reading of the depositions of appellant’s witnesses which appellant alleged the trial court had failed to read, and a review of the applicable law, we conclude that appellant has failed to demonstrate reversible error. The decree entered by the court below is therefore affirmed.

LILES, Acting C. J., and HOBSON and PIERCE, JJ., concur.


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  • Quincy L. Harris v. State, 415 So. 2d 135 (Fla. 5th DCA 1982)
    …v. State, 388 So. 2d 1385 (Fla. 2d DCA 1980); Maudlin v. State, 382 So. 2d 844 (Fla. 1st DCA 1980). . See, e.g., Pressley v. State, 388 So. 2d 1385 (Fla. 2d DCA 1980) (intoxication is a defense to specific intent crime of burglary); Leon v. State, 186 So. 2d 93 (Fla. 3d DCA 1966) (intoxication is a defense to specific intent crime of breaking and entering with intent to commit misdemeanor). .See, e.g., Mellins v. State (intoxication is a defense to specific intent crime of battery of a police officer); Ru…
  • Edwards v. State, 443 So. 2d 306 (Fla. 3d DCA 1983)
    …ense, as it bears upon the capacity or ability of the accused to form and entertain the specific intent. Graham v. State, 406 So. 2d 503 (Fla. 3d DCA 1981). However, “voluntary intoxication does not of itself prove absence of intent.” Leon v. State, 186 So. 2d 93, 94 (Fla. 3d DCA 1966). Rather, “the rule appears to be that where a person is too intoxicated to entertain or be capable of forming an essential or particular intent such intent cannot exist and consequently the offense of which it is a necessary e…
  • Harich v. Louie L. Wainwright, 813 F.2d 1082 (11th Cir. 1987)
    …engaged in substantial drinking prior to the incident or is even intoxicated but only when the assailant is so intoxicated that he is unable to form an intent to kill.” Wiley v. Wainwright, 793 F. 2d 1190, 1194 (11th Cir.1986) (citing Leon v. State, 186 So. 2d 93 (Fla. 3d Dist.Ct.App.1966)). See Linehan v. State, 476 So. 2d 1262, 1264 (Fla.1985) (“evidence of alcohol consumption prior to the commission of a crime does not, by itself, mandate the giving of jury instructions with regard to voluntary intoxicati…

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