Chism v. State

Citations

• 42 Fla. 232

Syllabus

<p>1. The rule of the common law is that a boy under the age of fourteen years is conclusively presumed to be incapable of committing the crime of rape, and this rule, under the statutes in this State, is still in force here.</p> <p>2. -It is error to instruct the jury, in a case of rape, that if they believe from the evidence that the defendant was under the age . of fourteen years a presumption arises that he is-incapable of committing the crime, and that this presumption continues until the State by competent testimony overcomes it' and establishes capacity by showing that he has reached the age of puberty to the exclusion and beyond a reasonable doubt.</p>