ALFONSO WILLIAMS, AND MICHAEL WILLIAMS, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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Alfonso and Michael Williams were convicted of rape and sentenced to 25 years imprisonment for brutally attacking a couple on a beach in Dade County. The appellants challenged their convictions on multiple grounds, but the court found the evidence overwhelming and affirmed the convictions.
The convictions are affirmed. No reversible error was demonstrated. The evidence of guilt was ample and compelling, the jury properly decided identity and alibi issues on substantial evidence, the trial court did not abuse its discretion in denying mistrial motions, and the court did not err in refusing the requested charge on attempted rape.
[1] A jury's determination of identity and alibi issues, when based on substantial competent evidence, will not be disturbed on appeal.
[2] A mistrial is not required when the trial court sustains objections to improper statements or questions, strikes the objectionable matter, and instructs the jury to disre…
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Join FLexlaw to unlock all legal intelligence“The evidence of guilt was ample and compelling.”
Establishes the court's primary basis for affirming the convictions despite multiple challenges to trial procedures
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Join FLexlaw to unlock all legal intelligenceThe defendants and two other men attacked a white couple on the beach near Baker's Haulover in Dade County at night. The couple was brutally beaten, a…
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The appellants, defendants below, were convicted of rape and sentenced to imprisonment for a period of 25 years. The victim of the rape, and her male companion, members of the white race, while seated on the beach of the Atlantic Ocean in the vicinity of Baker’s Haulover in Dade County in the night time, were attacked by the defendants and two other men. The couple was brutally beaten, and the girl was raped repeatedly.
Upon consideration of the several contentions of the appellants in the light of the record and briefs, we hold no reversible error has been demonstrated, and affirm. The evidence of guilt was ample and compelling. In deciding against the defendants on the issues of identity and alibi the jury acted on substantial competent evidence. Fast v. State, Fla.App.1967, 193 So.2d 210; Stuckey v. State, Fla.App.1967, 199 So.2d 137. No error was committed by the trial court in denying motions for mistrial. Where mistrial was sought for claimed improper statements or questions by the state or answers of witnesses, the objections of the defendants thereto were sustained, the claimed objectionable matter was stricken and the jury was instructed by the court to disregard the same. In the occasions presented, mistrial was not required, and no abuse of discretion by the court was shown in the denial thereof. Moreover, the cause should not be reversed for such claimed grounds where, as here, the evidence of guilt was overwhelming. Harrington v. California, 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284, 286. The trial court’s refusal to give defendants’ requested charge on attempted rape was not error in the circumstances of this case. The charges given by the court were adequate and properly tailored to the evidence. In addition to charging on the crime of rape, the court charged the jury on the lesser included offenses of assault with intent to *216commit rape, and on assault and battery and simple assault. Additionally, there was no objection made at the trial to the ruling of the court refusing the requested charge on attempted rape. Section 918.-10(4) Fla.Stat., F.S.A.; Simmons v. State, 151 Fla. 778, 10 So.2d 436; Irvin v. State, Fla.1953, 66 So.2d 288, 294; Clinton v. State, Fla.App.1958, 100 So.2d 82, 84.
Judgments affirmed.
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Cleveland Lee Johnson v. State, 252 So. 2d 361 (Fla. 1971)…urt. ROBERTS, C. J., ERVIN and CARLTON, JJ., and MASON, Circuit Judge, concur. BOYD, J., dissents with opinion. DREW (Retired), J., dissents with opinion and concurring specially with dissenting opinion of BOYD, J. . Williams v. State, Fla.App., 243 So. 2d 215; F.S.A. Section 924.33; Salter v. State, 152 Fla. 284, 10 So. 2d 809. . Vol. 29 Fla.Jur. 226, “Search & Seizure”, § 12; Fletcher v. State, Fla.App., 168 So. 2d 162; Boim v. State, Fla.App., 194 So. 2d 313; Blake v. State, Fla.App., 112 So. 2d…1 / 2
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Schulkin v. State, 287 So. 2d 137 (Fla. 3d DCA 1973)…f the entire trial transcript, that the trial judge committed no error in the instruction he gave to the jury to disregard any reference to any confidential informant. Stewart v. State, Fla.App.1969, 221 So. 2d 155; Williams v. State, Fla.App. 1971, 243 So. 2d 215. Lastly, it is urged that it was error to sentence the defendant on both the conviction for possession and sale, when they arose out of the same incident, citing Yost v. State, Fla.App.1971, 243 So. 2d 469. The State concurs -yvith the appellant in…
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Collier Dee Hendricks v. State, 252 So. 2d 868 (Fla. 2d DCA 1971)…Court in denying the motion [*870] for mistrial. No abuse of the trial Court s discretion has been demonstrated here. See Cornelius v. State, Fla.1950, 49 So. 2d 332; Kelly v. State, Fla.App.1967, 202 So. 2d 901; and Williams v. State, Fla.App.1971, 243 So. 2d 215. The judgment appealed is accordingly— Affirmed. LILES and MANN, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harrington v. California, 395 U.S. 250 (U.S. 1969)
- Simmons v. State, 151 Fla. 778 (Fla. 1942)
- Irvin v. State, 66 So. 2d 288 (Fla. 1953)
- Conch v. City OF Miami, 199 So. 2d 137 (Fla. 3d DCA 1967)
- Fast v. State, 193 So. 2d 210 (Fla. 3d DCA 1966)
- Seelmann v. Castiglioni, 100 So. 2d 82 (Fla. 2d DCA 1958)