LOUIS (LEW) MOSES, APPELLANT,
v.
PAUL L. ENGLANDER, APPELLEE

Fla. 3d DCA | 1960-02-25
No. 59-68
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJL concur.
118 So. 2d 234 Florida District Court of Appeal, Third District (1960) Caution
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Tampa & J. R. Co. v. Catts, 79 Fla. 233, 83 So. 364, 367; Sahler v. Sahler, 154 Fla. 206, 17 So.2d 105, 107; McMichael v. McMichael, 158 Fla. 413, 28 So.2d 692, 693; 12 Fla.Jur., Equity, §§ 54-55, 57-58.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJL concur.

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  • Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974)
    …dicated incompetent prior to the homicide involved herein. Thus, his plea of insanity placed the burden of proof upon the state to show he was sane at the time of the homicide. Wells v. State, Fla.1957, 98 So. 2d 795; Johnson v. State, Fla.App.1960, 118 So. 2d 234. We have carefully reviewed the testimony bearing on the question of appellant’s sanity at the time of the offense and are impressed with its inadequacy to prove appellant’s sanity within the limits of the McNaughton rule beyond and to the exclusion…
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  • Eierle v. State, 458 So. 2d 442 (Fla. 3d DCA 1984)
    …proceedings. See e.g., Horace v. Culver, 111 So. 2d 670 (Fla.1959); State ex rel. Deeb v. Campbell, 123 Fla. 894, 167 So.805 (1935); Deeb v. State, 118 Fla. 88, 158 So. 880 (1935); Hixon v. State, 165 So. 2d 436 (Fla. 2d DCA 1964); Johnson v. State, 118 So. 2d 234 (Fla. 2d DCA 1960); see also Eason v. State, 421 So. 2d 35 (Fla. 3d DCA 1982). The reason for this implicit distinction in the cases seems clear. An acquittal by reason of insanity in a criminal case is not a determination of present mental incompe…

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