CHARLES C. COLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES C. COLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
320 So. 2d 826
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Upon review of the briefs and record on appeal we are of the opinion that the evidence clearly demonstrates a reasonable doubt as to the sanity of the defendant at the time of the offense so as to overcome the presumption of sanity. Byrd v. State, Fla.1974, 297 So. 2d 22; Farrell v. State, Fla. 1958, 101 So. 2d 130. A reasonable doubt having been raised and the state having failed to overcome it, the judgment is reversed and the cause remanded for a new trial. Cf. Powell v. Genung, Fla.1974, 306 So. 2d 113.
Reversed and remanded.
CROSS, MAGER and DOWNEY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Paulk v. State, 344 So. 2d 304 (Fla. 2d DCA 1977)…false promise, is not a representation of a past or existing fact and will not support a conviction for false pretenses. See Scarlett v. State, 25 Fla. 717, 6 So. 767 (1889); Abernathy v. State, 333 So. 2d 42 (Fla. 4th DCA 1976); Colangelo v. State, 320 So. 2d 826 (Fla. 4th DCA 1975); Waterman v. State, 317 So. 2d 469 (Fla. 4th DCA 1975).…
-
Murray Lash v. State, 399 So. 2d 534 (Fla. 3d DCA 1981)…omise to do something in the future, e. g., guarantee a roofing job, will simply not support a conviction for false pretenses, Martin v. State, 379 So. 2d 179 (Fla. 1st DCA 1980); Paulk v. State, 344 So. 2d 304 (Fla.2d DCA 1977); Colangelo v. State, 320 So. 2d 826 (Fla. 4th DCA 1975); Waterman v. State, 317 So. 2d 469 (Fla. 4th DCA 1975); see Scarlett v. State, 25 Fla. 717, 6 So. 767 (1889), in the absence of evidence that the defendant knew at the time this promise was made that it would not be honored. See…
-
Oakhill Homes, Inc. v. State, 46 Fla. Supp. 3 (Broward Cty. Cir. Ct. 1976)…25 Fla. 717, 6 So. 2d 767, under statutory F.S. 1963, Section 811.021, F.S.A., which describes the crime of false pretenses. This rule was reiterated in Morris v. State, 1907, 54 Fla. 80, 45 So. 456.” (Emphasis added.) See also Colangelo v. State, 320 So. 2d 826. The judgments of guilt and sentences cannot stand because — 1. Youngker v. State is controlling as to all counts, and 2. There was no penalty provision as to all counts, except counts 26 and 28, as of the times of the alleged offenses...... Acc…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Powell v. Genung, 306 So. 2d 113 (Fla. 1974)