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Mauldin v. State

District Court of Appeal of Florida, First District
Nov 9, 1977
351 So. 2d 753 (Fla. Dist. Ct. App. 1977)

Opinion

No. FF-413.

November 9, 1977.

Appeal from the Circuit Court, Taylor County, Royce Agner, J.

Michael J. Minerva, Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


There was no reversible error in the trial court's refusal to charge the jury that insanity may result from extended and habitual intoxication. Appropriate charges were given on insanity and on intoxication as rendering a person incapable of a crime requiring specific intent. The jury convicted of murder in the first degree, obviously persuaded that appellant intended the death of the deceased. The charge that "voluntary drunkenness or intoxication does not excuse nor justify the commission of a crime" was appropriately qualified, was not confusing, and produced no harmful error.

AFFIRMED.

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


Summaries of

Mauldin v. State

District Court of Appeal of Florida, First District
Nov 9, 1977
351 So. 2d 753 (Fla. Dist. Ct. App. 1977)
Case details for

Mauldin v. State

Case Details

Full title:RUBIN JAMES MAULDIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 9, 1977

Citations

351 So. 2d 753 (Fla. Dist. Ct. App. 1977)

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Mauldin v. State

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