LARRY THOMAS MCCLAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1976-02-18
No. X-347
BOYER, C. J., and MILLS, J., concur.
327 So. 2d 106 Florida District Court of Appeal, First District (1976) Positive Treatment
Cited by 6 cases
Opinion of the Court
SMITH, Judge.

SMITH, Judge.

McClain urges on appeal that his insanity defense to the charge of escape was established as a matter of law by testimony of a psychiatrist for the defense. No opinion testimony was offered by the State. There was evidence, however, of the deliberate and stealthy nature of the escape and there was testimony by two lay witnesses for the State of McClain’s normal and lucid conduct the night he escaped. That testimony distinguishes this case from Armstrong v. State, 30 Fla. 170, 206, 11 So. 618, 627 (1892), and presented a jury question on the issue of McClain’s competence to commit the offense. See Byrd v. State, 297 So. 2d 22 (Fla.1974). The judgment and sentence are

Affirmed.

BOYER, C. J., and MILLS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)
    …71 report stated ambiguously that Hill had then “recovered from his schizophrenic process” but that psychological tests “showed features of schizophrenic process, in remission.” . E. g., Jones v. State, 332 So. 2d. 615 (Fla.1976); McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976); Ross v. State, 254 So. 2d 40 (Fla. 2d DCA 1971); Blatch v. State, 216 So. 2d 261 (Fla. 3d DCA 1968). . Commonwealth ex rel. Finken v. Roop, 234 Pa.Super. 155, 181-82, 339 A. 2d 764, 777-78 (1975), quoted approvingly in In re Be…
  • Sands v. State, 403 So. 2d 1090 (Fla. 3d DCA 1981)
    …to rely solely on the testimony of the lay witnesses. Therefore, the trial court was correct in rejecting the motion for directed verdict. Byrd v. State, 297 So. 2d 22 (Fla.1974); Davis v. State, 319 So. 2d 611 (Fla. 3d DCA 1975); McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976); Cozart v. State, 399 So. 2d 1097 (Fla. 1st DCA 1981). The State concedes error, at least in the sentencing on the unlawful possession of a firearm count while engaged in a criminal offense. We agree. See: State v. Hegstrom, 401…
  • Gryczan v. State, 726 So. 2d 345 (Fla. 4th DCA 1999)
    …, 528 So. 2d 529 (Fla. 2d DCA 1988). The state need not offer opinion evidence in rebuttal and may satisfy its burden by relying simply on lay witnesses’ testimony as to their perceptions of the defendant’s sanity. Van Horn, supra; McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976). In this case, despite extensive defense evidence of insanity, it was not conclusive. The defense experts were not in agreement as to whether Appellant understood the nature and consequence of his act or whether he understood ri…

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