HAROLD E. PHILLIPS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a conviction for assault with intent to commit a felony, specifically unlawful carnal intercourse with a minor of chaste character. The court found sufficient evidence and a properly charged offense.
Yes, the court held that the evidence was substantial and sufficient to support the conviction, as the accused's actions, coupled with his intent, violated the law.
“To have sexual intercourse with an unmarried female of previous chaste character under the age of eighteen years, is a felony under the laws of this State, and when a person takes liberties with such a female by indecently fondling her with the intent by such acts to then and there have sexual intercourse with her, he thereby violates the law of this State as charged in the instant information.”
This quote explains the legal basis for the conviction, linking the physical actions and intent to the felony charge.
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Join FLexlaw to unlock all legal intelligenceThe accused, a 22-year-old man, was convicted of assaulting a 14-year-old girl with intent to commit a felony. The evidence showed he took her to a se…
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Buford, J.
In this case plaintiff in error was convicted under an information charging the offense of an assault with intent to commit a felony, to-wit: to have unlawful carnal intercourse with an unmarried female person of previous chaste character under eighteen years of age.
The information has been examined and is found to sufficiently charge the offense.
There is found in the record substantial evidence that the accused, a young man twenty-two years of age, took the young girl, fourteen years of age, alleged to have been the subject of the assault, for a ride in his automobile in the night time, that he drove to a lonely spot, stopped his car, took her in his arms, .fondled and kissed her, raised her skirts, put his hands on her legs and on her private parts and demanded that she have sexual intercourse with him, and that he tried then and there by the use of both force and persuasion to accomplish that purpose. The girl was under the age of consent and therefore to argue that accused was first trying to procure her consent to the sexual act can avail nothing.
To have sexual intercourse with an unmarried female of previous chaste character under the age of eighteen years, is a felony under the laws of this State, and when a person takes liberties with such a female by indecently fondling her with the intent by such acts to then and there have sexual intercourse with her, he thereby violates the law of this State as charged in the instant information.
The judgment is therefore affirmed.
Affirmed.
Whitfield, P. J., and Terrell, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
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Voges v. Ward, 98 Fla. 304 (Fla. 1929)…roperty vests absolutely in the buyer. Estrick on Installment [*315] Sales, Section 317, citing numerous cases; American Process Co. v. Fla. White Pressed Brick Co., 56 Fla. 116, 47 So. R. 942, 16 Ann. Cases 1054; Helton v. Sinclair, 113 So. R. 568, 93 Fla. 112. The purpose of the contract to make the debt absolute and binding upon the purchaser in any event, if the seller so wills it, is further shown by the provision that upon default the holder of the contract and notes may retake the property and reta…
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State v. Rubin Bowden, 154 Fla. 511 (Fla. 1944)…r protesting against the act. And this presumption of incapacity applies as well to every act of her assailant tending towards the commission of the crime as to the completed crime itself. Schang v. State, 43 Fla. 561, 31 So. 346; Phillips v. State, 93 Fla. 112, 111 So. 515; McKinny v. State, 29 Fla. 565, 10 So. 732, 30 Am. S.R. 140. Since unmarried women of previous chaste character within the specified age may be ravished though they make no resistance, they may though they consent, be assaulted with int…
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Auzie Alford v. State, 132 Fla. 624 (Fla. 1938)…tempt to have sexual intercourse with an unmarried female under eighteen years of age of previous chaste character and the acts necessary to constitute the offense of assault with intent to commit the same offense. In the case of Phillips v. State, 93 Fla. 112, 111 Sou. 515, the plaintiff in error had been convicted of the offense of an assault with attempt to commit a felony, to-wit: “to have unlawful carnal intercourse with an unmarried femade person of previous chaste character under eighteen years of…
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