DAVID CHESTER GORKO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID CHESTER GORKO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
199 So. 2d 132
Florida District Court of Appeal, Third District (1967)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The appellant was informed against, tried and convicted of the crime of assault with intent to commit rape. On this appeal the only points presented are directed to the sufficiency of the evidence. *133The argument is directed to two elements: criminal intent and lack of consent. The proof is sufficient in each instance. As to criminal intent see: St. Giorge v. State, Fla. 1956, 92 So.2d 612; Gilchrist v. State, Fla. App.1965, 177 So.2d 777. As to resistance necessary to show lack of consent see: Gadsden v. State, 77 Fla. 627, 82 So. 50 (1919); Seely v. State, Fla.App.1966, 191 So.2d 78.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cotton v. State, 261 So. 2d 179 (Fla. 3d DCA 1972)…be found to exist because he did not complete the act. The judgment is affirmed on the basis of the rule stated in St. Giorge v. State, Fla.1956, 92 So. 2d 612. See also Reed v. State, 150 Fla. 269, 7 So. 2d 103 (1942); Gorko v. State, Fla.App.1967, 199 So. 2d 132. Affirmed.…
-
Gorko v. State, 204 So. 2d 212 (Fla. 1967)…Certiorari dismissed without opinion. 199 So. 2d 132.…
Authorities Cited
- Gadsden v. State, 77 Fla. 627 (Fla. 1919)
- Seely v. State, 191 So. 2d 78 (Fla. 2d DCA 1966)
- Denis St. Giorge v. State, 92 So. 2d 612 (Fla. 1956)
- Gilchrist v. State, 177 So. 2d 777 (Fla. 1st DCA 1965)