Williams v. State

Citations

• 53 Fla. 84

Syllabus

<p>1 Where an indictment charges that the defendant did unlawfully make an assault on a female child under the age of ten years, “and her the said J. T. did unlawfully carnally know and abuse,” the following charge to the jury is not erroneous: “The proof must show penetration of the female parts to some extent by the male organ. It is not necessary to prove emission of seed. Of course the fact of penetration must be shown by the evidence to the exclusion of and beyond a reasonable doubt;” and it is not erroneous to refuse the following instruction: “While, as the court has charged you, the slightest penetration of the female organs is sufficient to constitute rape, yet it must appear from the evidence on the part of the state that the male organ actually penetrated the genitals of the female, and the burden of proving what part of the female sexual organs constitutes the genitals is upon the state like any other material allegation of the indictment.” •</p> <p>2. Requested instructions inapplicable to the evidence are properly refused.</p> <p>3. Where requested instructions are covered by the chaige of the trial judge on his own motion, no error is commuted in refusing such instructions.</p> <p>4. The evidence is sufficient to support the verdict,</p>