Steffanos v. State

Citations

• 80 Fla. 309
• 86 So. 204

Syllabus

<p>1. An information charging a male person with having carnal intercourse with an unmarried female of previous chaste character who at the time of such intercourse was under the age of eighteen years, and such offense is alleged to have been committed at a time subsequent to the passage of Chapter 7732, Laws of Florida, 1918, is not bad because it omits the word “unlawful” just preceding the words “carnal intercourse.”</p> <p>2. An information should not be quashed on account of any defects in form unless it is so vague, indistinct and indefinite as to mislead the accused and .embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense.</p> <p>3. In the prosecution of a male person under Chapter 7732, Laws of Florida, 1918, for having unlawful carnal intercourse with an unmarried female person of previous chaste character who at the time of such intercourse was under the age of eighteen years, evidence of acts of unchastity on the part of such female committed prior to the date of the alleged offense is material and should not be excluded.</p> <p>■4. In a criminal prosecution where the parties hav.e announced that there is no more evidence to be introduced upon either side, it is reversible error for the court to prohibit the defendant from offering additional evidence material to his defense when this offer is made in good faith, and there is no evidence of dilatoriness or negligence on the part of the defense in not offering it earlier, and the arguments of counsel have not been made, and the cause not submitted to the jury under the court’s charge.</p> <p>5. In a criminal prosecution, counsel for the State should make no comment upon the defendant’s failure to testify when such is the case.</p>