Bowden v. State
| Decision Date | 09 April 1943 |
| Parties | BOWDEN v. STATE. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Duval County; Bayard B. Shields, judge.
Mabry A. Carlton and John E. Lake, both of Jacksonville, for appellant.
J. Tom Watson, Atty. Gen., and Woodrow M. Melvin and John C. Wynn, Asst. Attys. Gen., for appellee.
On indictment charging rape, accused was convicted of assault with intent to commit rape. From judgment of conviction, appeal has been perfected to this Court.
The facts as disclosed by the record can arouse no sympathy on behalf of the appellant. We are convinced by the record and, in fact, by the testimony of the appellant that he ravished and had carnal knowledge of a child of the age of thirteen years.
The record indicates, though it was not alleged in the indictment, that the victim was a unmarried female of previous chaste character.
The verdict of the jury, in effect acquitting the accused of rape and finding him guilty of assault with intent to commit rape, though contrary to the overwhelming evidence, has foreclosed the question as to penetration in favor of the accused.
The record fails to establish that the act was accomplished by force and against the will of the victim. At most, the record shows that the victim protested, but that while protesting she cooperated materially in attaining the consummation of the criminal assault.
Therefore, the judgment must be reversed with directions that the cause go back to the lower court to be certified to the Criminal Court of Record for further proceedings.
It will be recognized that when the judgment of reversal shall have been entered here the cause goes back to the lower court in the same status as it would have if it stood there on indictment charging assault with intent to commit rape, and with the former verdict and judgment standing as a bar to the prosecution of any higher offense by reason of the acts here involved. Such verdict and judgment will not bar prosecution for the crime of assault with intent to have sexual intercourse with an unmarried female under eighteen years of age of previous chaste character.
Reversed and remanded.
So ordered.
To continue reading
Request your trial
-
Jimenez v. State
...the jury has ignored.' See also Roberts v. State, 94 Fla. 149, 113 So. 726, Prevatt v. State, 82 Fla. 284, 89 So. 807, Bowden v. State, 152 Fla. 715, 12 So.2d 887, and 42 Corpus Juris Secundum, Indictments and Informations, § p. 1327: 'The general rule is that accused may be convicted of a ......
-
State v. Bowden
...of force against the will of the victim had not been proven by the State to the exclusion of and beyond a reasonable doubt. See Bowden v. State, 12 So.2d 887. Upon the mandate this court going down, the county solicitor of Duval County filed an information against the defendant charging him......
-
Merrone v. State
...of the greater offense, and double jeopardy principles bar a prosecution on the greater offense upon retrial). See also Bowden v. State, 152 Fla. 715, 12 So.2d 887 (1943), opinion after remand,154 Fla. 511, 18 So.2d 478 (1944); Jackson v. State, 449 So.2d 411 (Fla. 2d DCA 1984). 9. Although......
-
Smith v. State
...harmless because the verdict of the jury determined that there was not sufficient evidence to establish penetration. See Bowden v. State, 152 Fla. 715, 12 So.2d 887.' The trial court in its instructions gave all proper ones to indicate to the jury the difference between the conspiracy count......