ELIJAH REED
v.
STATE
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The evidence was sufficient to establish the felonious intent for assault with intent to rape, as well as the physical assault in prosecution of that intent.
The accused was convicted of assault with intent to rape. The victim escaped consummation of the purpose by resisting and screaming for help.…
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From a conviction of the offense of assault with intent to rape the accused brings his appeal here for review of the judgment.
*270The only question presented is the sufficiency of the evidence.
It is contended that the evidence is insufficient to establish that at the time of the assault the accused entertained the intent to have sexual intercourse with the victim by force and against her will.
The intent of the accused may be found from a consideration of all surrounding circumstances. That is, it may be shown by circumstantial evidence. See Hunter v. State, 29 Fla. 486, 10 Sou. 730.
Whether or not the felonious intent existed is a matter for the jury to determine under proper instructions from the Court. See Parker v. State, 142 Fla. 210, 194 Sou. 484, and cases there cited.
The evidence was amply sufficient to establish the felonious intent charged, as well as the physical assault in prosecution of that intent.
The evidence also establishes the fact that the victim only escaped the consummation of the purpose by resisting the assault and screaming for help, which was not far distant.
Judgment is affirmed.
So ordered.
BROWN, C. J., WHITFIELD and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. Dugger, 565 So. 2d 846 (Fla. 1st DCA 1990)…So. 2d 255 (Fla.1943). See also Manning v. State, 93 So. 2d 716 (Fla.1957). Moreover, the criminal intent element of the offense “must be proved by some act or deed evidencing it.” Clark v. State, 56 Fla. 46, 47 So. 481 (1908). Accord Reed v. State, 150 Fla. 269, 7 So. 2d 103 (1942). A definition of attempted sexual battery requires consideration of sections 777.04 and 794.011. Section 777.04, Florida Statutes (1987) defines “attempt” as any act taken toward the commission of an offense. Section 794.011(l)…
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Cotton v. State, 261 So. 2d 179 (Fla. 3d DCA 1972)…nt 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.…
Authorities Cited
- Cæsar Hunter v. State, 29 Fla. 486 (Fla. 1892)
- Parker v. State, 142 Fla. 210 (Fla. 1940)
- Ex parte Ike Smith, 141 Fla. 521 (Fla. 1939)