Dalswell v. State

Citations

• 78 Fla. 394
• 83 So. 286

Syllabus

<p>The statute provides that “the common law rule ‘that ia boy under fourteen years of age is conclusively presumed to be incapable of committing the crime of rape’ shall not hereafter he in force in the State of Florida: the capability 'of a person to commit the crime of rape shall be determined by the jury,” and where the testimony iaffords a sufficient legal basis for a finding of “capability” and ample evidence of guilt on the part of a boy not quite fourteen years of age, charged with the offense of carnally knowing and abusing a female child under ten years of iage, a verdict of guilt will not be disturbed.</p>