P. W. WATERBURY, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for statutory rape, holding that the evidence, including the victim's testimony, the defendant's transmission of a venereal disease, and his admissions, was legally sufficient to sustain the jury's verdict.
No, the evidence is legally sufficient to sustain the charge of statutory rape.
“The sole contention on this writ of error is that the evidence adduced is legally insufficient to sustain the charge made.”
States the primary legal argument raised by the appellant.
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Join FLexlaw to unlock all legal intelligenceP. W. Waterbury, a sixty-two-year-old man, was convicted of statutory rape of a nine-year-old female child. The victim testified directly to the offen…
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Plaintiff in Error, P. W. Waterbury, a sixty-two year old man, was convicted of the offense of having feloniously ravished and carnally known one Winona Cox, a female child, of the age of nine years. Section 7153 C. G. L. 5051 R. G. S. The jury recommended mercy so the court sentenced him to life imprisonment. The sole contention on this writ of error is that the evidence adduced is legally insufficient to sustain the charge made.
There is in the record the direct testimony of the victimized child to the effect that the defendant committed the offense on her. In addition to this the record further shows that the defendant communicated to his victim a venereal disease from which she was found to be suffering at the time of the discovery that she had been wronged. There is further testimony to the effect that the defendant admitted to police officers, and before the Justice of the Peace, that he had done the acts the little girl testified to with respect to *116the violation of her person. The evidence is ample to sustain the verdict, and no harmful errors of procedure having been shown, the conviction must be affirmed.
Affirmed.
Whitfield, Terrell and Buford, J. J., concur.
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Walker v. State, 124 Fla. 231 (Fla. 1936)…such suit to be awarded a peremptory writ conformable to such alternative writ proposed as would make the relief sought an efficient remedy for the default complained of on respondents’ part. Humphreys v. State, ex rel. Palm Beach Co., 108 Fla. 92, 145 Sou. Rep. 879, and similar cases. Affirmed. Whitfield, C. J., and Brown, J., concur. Terrell and Buford, J. J., concur in the opinion and judgment.…