KENNETH COTTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
This is an appeal from a judgment entered in a non-jury trial after the appellant was adjudged guilty of the crime of assault with intent to commit rape and was duly sentenced. A single point on appeal is presented which urges the insufficiency of the evidence to establish guilt of the appellant. We have reviewed the record in the light of this point and find that the evidence is not only sufficient but overwhelming. Essentially, appellant urges that his intent to rape the victim cannot 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.
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Beard v. Beard, 262 So. 2d 269 (Fla. 1st DCA 1972)…ed. RAWLS and CARROLL, DONALD K., JJ., concur. SPECTOR, C. J., dissents. . Kahn v. Kahn, (Fla.1955) 78 So. 2d 367, 368. . Gordon v. Gordon (Fla.App.1966) 192 So. 2d 514. .Weston v. Weston (Fla.App.1971) 251 So. 2d 315, 316. . Martin v. Martin, 261 So. 2d 179, opinion filed April 20, 1972.…
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Hayborn v. State, 264 So. 2d 112 (Fla. 4th DCA 1972)…e briefs and record on appeal and heard oral argument. On the basis there, we are of the opinion that no reversible error has been demonstrated. The judgment appealed from is, therefore, affirmed. See Cotton v. State, Third District Court of Appeal, 261 So. 2d 179, opinion filed April 25, 1972; see also Killingsworth v. State, 1925, 90 Fla. 299, 105 So. 834; Sanders v. State, Fla.App.1971, 241 So. 2d 430, and York v. State, Fla.App.1969, 232 So. 2d 767. Affirmed. REED, C. J, and OWEN and MAGER, JJ., concur.…
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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
- Denis St. Giorge v. State, 92 So. 2d 612 (Fla. 1956)
- Reed v. State, 150 Fla. 269 (Fla. 1942)
- Gorko v. State, 199 So. 2d 132 (Fla. 3d DCA 1967)
- Prudence Mut. Cas. Co. v. Bloom, 199 So. 2d 132 (Fla. 3d DCA 1967)