Wilson v. State

Citations

• 50 Fla. 164

Syllabus

<p>CONSTRUCTION OF STATUTES — REPEAL BY IMPLICATION. —CRIMINAL LAW — RAPE—CARNAL INTERCOURSE WITH UNMARRIED FEMALE UNDER EIGHTEEN YEARS.</p> <p>X. The legal presumption is that the Legislature did not intend to keep really contradictory enactments in the statute book, or toi effect so important a measure as the repeal of a law without expressing an intention, to do so. An interpretation leading to such a result should not be adopted unless it be inevitable.</p> <p>2. While it is necessary under Section 2396, Revised Statutes, to allege and prove a different state of facts in order to justify a conviction where the female involved is oyer the age of ten years than where such female is under that age, yet, in either case, the crime denounced is rape.</p> <p>3. Section 2598 Revised Statutes as amended by Chapter 49C5, Act of 1901, denounces and punishes the crime of sexual intercourse with an unmarried female under eighteen years, under circumstances that do not make the act rape, and the female involved here means the unmarried female between ten years and eighteen years.</p> <p>4. Section 2396 Revised Statutes is not repealed by Section 2598 Revised Statutes as amended by Chapter 4965, Act of 1801.</p>