Bowden v. State

• Court: Florida Supreme Court
• Writing for the Court: Author: Buford
• Citation: Bowden v. State, 152 Fla. 715, 12 So.2d 887 (Fla. 1943)
• Decision Date: 09 April 1943
• Parties: BOWDEN v. STATE.

12 So.2d 887

152 Fla. 715

BOWDEN v. STATE.

Florida Supreme Court

April 9, 1943

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.

BUFORD, Chief Justice.

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...