STEPHEN ROBERT ELLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant, a hitchhiker, was convicted of murdering a good Samaritan who stopped and gave him a lift in total disregard of the increasing danger inherent in such practice.
The primary contention made in support of reversal is that there was no evidence of premeditation since it appeared that appellant had been taking drugs.
We reject this contention. Appellant’s ability to formulate his intent to rob his benefactor is ample evidence that his resort to drugs did not have such a disabling effect on him as to negate his ability to intend the consequence of his own acts.
The judgment is affirmed on authority of Leiby v. State, Fla., 50 So.2d 529, and Larry v. State, Fla., 104 So.2d 352.
CARROLL, DONALD K., Acting C. J., and WIGGINTON and SPECTOR, JJ., concur.
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State v. Bassham, 352 So. 2d 55 (Fla. 1977)…ld that a de-tainer placed by one county for a prisoner held by another county is not considered custody within the contemplation of the speedy trial rule so as to commence the running of the speedy trial time. To the extent that Hargrove v. State, 281 So. 2d 390 (Fla. 2d DCA 1973), and State v. Sutton, supra, are inconsistent herewith, they are overruled. The decision of the District Court under review is quashed, and this cause is remanded for further proceedings consistent herewith. It is so ordered. O…
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State of Fla. ex rel. Floyd Glenn Williams v. The Honorable E. L. Eastmoore, 297 So. 2d 572 (Fla. 1st DCA 1974)…We hold that under F.R.Cr.P. 3.-191(a)(1) the 180-day time period in which the state had to bring relator to trial commenced to run when he was formally arrested on the Putnam County charges. We are aware that our sister court in Hargrove v. State, 281 So. 2d 390 (2 Fla.App.1973), and State v. Sutton, 269 So. 2d 712 (2 Fla.App.1973), has taken the position that the time period commences to run when a detainer is issued. As a detainer does not operate to place the person against whom it is issued in custody a…
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- Larry v. State, 104 So. 2d 352 (Fla. 1958)
- Leiby v. State, 50 So.2d 529 (Fla. 1951)