ADOLPHUS BROOKS, ALIAS SONNY ADOLPHUS BROOKS, ALIAS SONNY BROOKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was sufficient to support the jury's guilty verdict for rape, and the ends of justice do not require a new trial.
The appellant was convicted of rape and sentenced to death. The appeal focused solely on the sufficiency of the evidence presented at trial. The court…
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Customarily this court releases opinions in all cases when capital punishment has been imposed and the judgments have been brought here for review. In such appeals we undertake to discuss and decide the points of law involved; furthermore, we examine the record of the evidence as we are obligated to do by Sec. 924.32(2), Florida Statutes 1959, F.S.A., even though the sufficiency of the evidence is not raised.
In the present case no question of law has been presented. All argument of counsel for the appellant both in the brief and personally before the court was intended to support the position that the appellant had not been proved beyond a reasonable doubt to have committed the crime of rape. The points developed were supposed discrepancies in the testimony of the witnesses and conflicts in their stories, all of which had been resolved by the jury within their province.
We have scrutinized the entire record of the evidence and have found no substance whatever to appellant’s contentions. There was abundant testimony which the jury obviously believed and, believing, justified the verdict of guilty of rape, without a recommendation of mercy, resulting in the extreme penalty.
*896We do not detail the elements of the criminal transaction because they are of such revolting nature that a record of them would only sully the pages of our reports without adding anything of value to the body of the law and without serving in any measure as precedent.
We close this matter by saying that the case was fairly tried, the verdict was justified and the ends of justice do not require a new trial.
Affirmed.
ROBERTS, C. J., and TERRELL, THORNAL, O’CONNELL, CALDWELL and HOBSON (Ret.), JJ., concur.
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Adolphus Brooks v. State, 194 So. 2d 303 (Fla. 1st DCA 1967)…adduced by the parties. On the record before us we find that appellant has failed to demonstrate error, so the order appealed is accordingly affirmed. RAWLS, C. J., and WIGGINTON and CARROLL, DONALD K., JJ., concur. . Brooks v. State (Fla.1962), 146 So. 2d 895. . Brooks v. State (Fla.1963), 155 So. 2d 613.…
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Lewis v. State, 227 So. 2d 92 (Fla. 2d DCA 1969)…tual picture presented here by the record. The cases are legion where the appellate Courts of this State have upheld rape convictions upon much less testimony than shown here. See Askew v. State, Fla. 1960, 118 So. 2d 219; Brooks v. State, Fla.1962, 146 So. 2d 895; Thomas v. State, Fla.1964, 167 So. 2d 309; Craig v. State, Fla.1964, 168 So. 2d 747; Newman v. State, Fla.1967, 196 So. 2d 897. The jury, by its verdict recommending mercy, was far more con [*94] siderate and charitable to Lewis than he was to the…
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Adolphus Brooks v. Wainwright, 345 F.2d 641 (5th Cir. 1965)…olphus Brooks, was sentenced to death for the rape of a three year old Negro [*642] child. On direct appeal, the Supreme Court of Florida affirmed the conviction October 24, 1962, and denied a rehearing December 14, 1962. Brooks v. State, Fla. 1962, 146 So. 2d 895. June 20, 1963, the Supreme Court of Florida denied, without opinion, Brooks’s application for leave to petition the trial court for a writ of error coram nobis based on newly discovered evidence.1 Brooks v. State, Fla. 1963, 155 So. 2d 613. Brooks…