NICHOLAS LELIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the conviction of the appellant for assault with intent to commit rape, finding no error in the trial court's refusal to direct a verdict or in its jury instructions.
No, the trial court did not err in failing to direct a verdict or in its jury instructions. The conviction is affirmed.
“The appellant urges error in the failure of the trial court to direct a verdict in his favor at the close of all the evidence, and in the giving or failing to give certain jury instructions.”
This quote outlines the main points of contention raised by the appellant on appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant was charged with assault with intent to commit rape, tried by a jury, found guilty, and sentenced to two years in prison. He appealed th…
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The appellant was informed against for the crime of assault with intent to commit rape; tried by jury; found guilty; and sentenced to two years in the State Penitentiary.
The appellant urges error in the failure of the trial court to direct a verdict in his favor at the close of all the evidence, and in the giving or failing to give certain jury instructions. We find no error and affirm. See: Autrey v. State, 94 Fla. 229, 114 So. 244; Albano v. State, Fla.1956, 89 So.2d 342; Jackson v. State, Fla.App.1958, 107 So.2d 247; Hodges v. State, Fla.App. 1958, 107 So.2d 794, 69 A.L.R.2d 1091; Hamilton v. State, Fla.App.1963,152 So.2d 793; Phillips v. State, Fla.App.1965, 177 So.2d 243.
Therefore, the verdict, adjudication and sentence here under review is hereby affirmed.
Affirmed.
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Bailey v. State, 319 So. 2d 22 (Fla. 1975)…ave for review a decision of the District Court of Appeal, Fourth District, reported at Bailey v. State, Fla.App., 295 So. 2d 133. Jurisdiction vests pursuant to Fla.Const. Art. V § 3(b). The decision conflicts with Talavera v. State, (Fla.App.1966) 186 So. 2d 811, Sagonias v. State, (Fla.1956) 87 So. 2d 252, Urquhart v. State, (Fla.App.1968) 211 So. 2d 79, and Earman v. State, (Fla.1972) 265 So. 2d 695. Petitioner, defendant below, seeks review of the decision of the District Court of Appeal, Fourth Distric…1 / 2
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Taylor v. State, 355 So. 2d 180 (Fla. 3d DCA 1978)…a valid search warrant. Rather for a person to waive his search and seizure rights, it must clearly appear that he voluntarily permitted or expressly invited and agreed to the search. Bailey v. State, 319 So. 2d 22, 27 (Fla.1975); Talavera v. State, 186 So. 2d 811 (Fla.2d DCA 1966). In each consent search case, it must be determined from a “totality of the circumstances” as to whether the consent was in fact voluntarily given by the defendant or was the product of duress or coercion, express or implied. Schn…
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Silva v. State, 344 So. 2d 559 (Fla. 1977)…rtain other relationships have been found inadequate to confer authority on the consenting party. Sons may not consent for fathers. Padron v. State, 328 So. 2d 216 (Fla.4th DCA 1976). Landlords may not consent for current tenants. Talavera v. State, 186 So. 2d 811 (Fla.2d DCA 1966). And hotel clerks may not consent for a guest. Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964). The justification for allowing any person to consent to a search which may result in the seizure of evidence a…
Previewing 3 of 36 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hamilton v. State, 152 So. 2d 793 (Fla. 2d DCA 1963)
- Autrey v. State, 94 Fla. 229 (Fla. 1927)
- Jackson v. State, 107 So. 2d 247 (Fla. 2d DCA 1958)
- Phillips v. State, 177 So. 2d 243 (Fla. 1st DCA 1965)
- Albano v. State, 89 So. 2d 342 (Fla. 1956)
- Mose Hodges v. State, 107 So. 2d 794 (Fla. 2d DCA 1958)