Barker v. State

Citations

• 40 Fla. 178

Syllabus

<p>1. On an indictment for rape it is not necessary for the State to prove emission in order to sustain the charge. Proof of penetration alone is sufficient.</p> <p>a. The court refused to instruct the jury at the request of defendant as follows: If, after a comparison and consideration of all the testimony in the case, there remains upon the mind of any one of your number a reasonable doubt as to the truth of the charge as laid in the indictment, then under your oaths as jurors, you can not convict the defendant: Held, the refusal was not error in view of other charges given on the subject.</p> <p>*. It is not error to refuse an additional charge when the court has already fully and sufficiently charged on the point covered by the additional request-</p> <p>4- The court commits no error in refusing an instruction which implies, and is calculated to impress the jury with the view, that there is no testimony as to a certain phase of the case, when the record shows that in point of fact there was such testimony-</p> <p>5. -An indictment for rape sufficiently alleges the offense to have been committed on a female when the name of the person alleged to have been ravished is that of a female, and the pronoun “her” is employed in further identification, though there be no direct allegation in terms that the person was a female.</p> <p>*>• The Circuit Courts of this State having jurisdiction of the ■capital offense of rape, has the power under the constitution and laws of this State to impose the penalty for an assault with intent to commit rape when the jury acquits of the higher, but returns a verdict of guilty of the lesser offense.</p> <p>7. The evidence in this case held sufficient to sustain a verdict of guilty of assault with intent to commit rape-</p>