Craig v. State, 32971

Citation168 So.2d 747
Decision Date21 October 1964
Docket NumberNo. 32971,32971
PartiesWilliam Benjamin CRAIG, Appellant, v. STATE of Florida, Appellee.
CourtUnited States State Supreme Court of Florida

M. Howard Williams, Tallahassee, for appellant.

James W. Kynes, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.

PER CURIAM.

The appellant, William Benjamin Craig, was tried and found guilty of the offense of rape without recommendation of mercy and has appealed direct to this court on the judgment of conviction.

On this appeal, the appellant urges the following points:

1. The trial court improperly admitted in evidence State's Exhibit No. 13 (Screwdriver).

2. That the evidence adduced by the State was not sufficient to sustain the verdict of guilty.

Neither of these contentions has merit.

Prior to the introduction into evidence of State's Exhibit No. 13, the victim positively identified Exhibit No. 13 as the weapon employed by appellant and further testimony of other witnesses completed the chain sufficiently for the learned trial judge to admit said exhibit into evidence.

Although appellant did not argue the sufficiency of the evidence before this court, we have examined the evidence to determine whether the ends of justice require a new trial as required by Section 924.32, Florida Statutes, F.S.A.

The facts established by the evidence in the record disclose that on May 10, 1963, the victim and prosecutrix was at her home at about 1:15 or 1:30 P.M., alone and dressed in shorts and shirt. Someone knocked at her door and when she opened the door, a man pushed in, closed the door and threatened the prosecutrix with a weapon she described as a screwdriver.

The intruder also told the prosecutrix that if she made an outcry or attempted to escape that he would harm her young daughter who was playing in the vicinity of the home on a vacant lot. After making a demand for money, the intruder forced the victim into her bedroom where he removed her shorts and had intercourse with her. Subsequent to the act of intercourse, the victim managed to escape from the intruder, jumped out the bathroom window, and ran to the Florida State Highway Patrol station, located nearby, and reported the forcible rape. The victim positively identified the appellant, William Benjamin Craig, as the intruder and perpetrator of this foul crime.

Further evidence discloses that the appellant left the victim's residence and went to the residence of one Martha King where he sat on the...

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3 cases
  • Craig v. State, 34101
    • United States
    • United States State Supreme Court of Florida
    • October 13, 1965
    ...was convicted of the crime of rape and sentenced to pay the supreme penalty. The conviction was affirmed on direct appeal. Craig v. State, Fla., 168 So.2d 747. Craig filed in the trial court a 'Motion for reduction of sentence from death to life.' Allegedly, he moved under Section 921.24, F......
  • Shepard v. State
    • United States
    • United States State Supreme Court of Florida
    • November 1, 2018
    ...886 (Fla. 2002) (tire iron); Lawrence v. State , 698 So.2d 1219, 1221 (Fla. 1997) (metal pipe, baseball bat, and mop); Craig v. State , 168 So.2d 747, 748 (Fla. 1964) (screwdriver); Nelson v. State , 97 So.2d 250, 251 (Fla. 1957) (ice pick); Brown v. State , 61 So.2d 640, 641 (Fla. 1952) (h......
  • Lewis v. State
    • United States
    • Court of Appeal of Florida (US)
    • October 8, 1969
    ...Askew v. State, Fla.1960, 118 So.2d 219; Brooks v. State, Fla.1962, 146 So.2d 895; Thomas v. State, Fla.1964, 167 So.2d 309; Craig v. State, Fla.1964, 168 So.2d 747; Newman v. State, Fla.1967, 196 So.2d 897. The jury, by its verdict recommending mercy, was far more considerate and charitabl......

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