Manning v. State
| Decision Date | 13 March 1957 |
| Citation | 93 So.2d 716 |
| Parties | Jerry MANNING, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Carr & O'Quin, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.
Jerry Manning and Robert Shepard were indicted on February 21, 1956, in two counts with the crime of rape and in the alternative with aiding and abetting the rape of Carol Ann Donnelly. Upon trial, the jury guilty of assault with intent to commit guilty of assault with intent ot commit rape. A verdict was also returned finding the accused, Robert Shepard, not guilty. Manning received a twenty-year sentence and thereupon entered this appeal.
Carol Ann Donnelly, the victim of the alleged assault, was fifteen years of age. The sordid events which are alleged to have taken place will not be set out in detail. Briefly, the following events appear to have transpired.
Defendant Manning approached the girl on Wednesday night, July 20, 1955, asking to be allowed to take her home. Miss Donnelly was at the time working as a curb girl at a drive-in restaurant. Manning had met the girl on a previous occasion but the two had never before gone out together. She informed him she would go home with him if he would first go inform her mother that she would be working a bit late that night and that Manning would bring her home. Manning left and when he returned informed her that her mother said it was all right for him to take her home, and that they could go have a cold drink first. Miss Donnelly discovered later that Manning had not approached her mother at all. After Miss Donnelly, the prosecutrix, got off work she and Manning went to another refreshment place for their cold drinks. When they left, Manning did not head for her home and when she asked where they were going he replied he wished to show her where he raced motorcycles on Sundays. She protested, due to the lateness of the hour. However, Manning proceeded, driving out to a deserted air strip near Opa Locka. He parked near another parked car. The prosecutrix testified that he attempted against her will to have intercourse with her and then called to the other car, whereupon the accused Shepard and another young man, James Wiltsey, got out of that car and came over to Manning's car. The prosecutrix claims they all three tried to have intercourse with her against her will. At one time, prior to trial, she had intimated that all three of the young men raped her and it was her intention to prosecute the three of them. Her testimony at the trial was to the effect, however, that Manning and Shepard actually had intercourse with her but that Wiltsey did not, although he attempted to against her consent. It was her testimony that both Manning and Shepard threatened her. She alleged that Shepard put his hands around her throat and said, in effect, that he would kill her if she did not allow him to accomplish his purpose. Manning, she said, threatened her and twisted her arm behind her back. After the assaults took place, Manning and Wiltsey drove one car and Shepard the other, returning to the city. The prosecutrix climbed over the seat to sit between the two boys. She testified she did this because she could not bear to remain on the rear seat with all its associations.
James Wiltsey, who was not prosecuted, testified for the State. He said that Manning arranged beforehand with Shepard and himself to be at the air strip with the idea that they join him in having intercourse with the prosecutrix. Wiltsey said he assumed she would do so voluntarily. Wiltsey testified that when Manning called Shepard and him to his car, the prosecutrix was sitting up and sobbing. When he got in the car and requested her to have intercourse with him she protested violently, whereupon he left the car. Manning then told Shepard he could threaten her but not to slap her or put any bruises upon her. Wiltsey said when Shepard got out of the car he informed them he had had intercourse but when Wiltsey got in the car the second time the prosecutrix said she had not 'given in' to any one. Wiltsey then bargained with her that if she would give in to his wishes he would see that she got home and that she thereupon agreed, but that he was not successful in his attempt to have intercourse with her. Wiltsey then alleged Manning got back in the car and assaulted her. He heard Manning threaten to slap her.
After the alleged events took place the two cars proceeded to a filling station. Defendant Shepard produced at the trial the station attendant, who testified that he saw all four of the parties but that the girl gave no indication of there being anything wrong. She did not appear to be upset, and said nothing to him.
The prosecutrix' mother testified that when her daughter got home she was crying and very upset. She informed her mother of what had happened. This was early Thursday morning. On Saturday morning the mother and her daughter went to a doctor and related the story. The police were then called and informed by the doctor that he had just examined a possible rape victim.
The doctor made only a superficial, visual inspection of the girl. His testimony indicated the possibility of recent intercourse or attempted intercourse. Another doctor made a careful examination and his testimony at least indicated the possibility of recent intercourse. A third Doctor, who did not examine the prosecutrix, related facts which indicated the observations of the other two doctors could be explained by means other than intercourse. An examination of the panties worn by prosecutrix the night of the assault revealed the presence of male semen and a slight indication of blood.
Manning, the...
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Sanders v. State
...DCA 1985), as follows: The jury pardon concept is a well-accepted principle throughout the majority of jurisdictions. See Manning v. State, 93 So.2d 716 (Fla.1957), Goodwin v. State, 157 Fla. 751, 26 So.2d 898 (1946) ("Fundamentally, the law has never condemned a verdict for inconsistency."......
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Watson v. Dugger
...State to prove defendant knowingly and willfully accosted victim with intent to engage in intercourse without consent); Manning v. State, 93 So.2d 716 (Fla.1957) (same). General intent crimes, however, still require some showing of culpability, either a knowing, reckless, or negligent, rath......
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Bufford v. State
...52 S.Ct. at 190-91. The jury pardon concept is a well-accepted principle throughout the majority of jurisdictions. See Manning v. State, 93 So.2d 716 (Fla.1957), Goodwin v. State, 157 Fla. 751, 26 So.2d 898 (1946) ("Fundamentally, the law has never condemned a verdict for inconsistency."); ......
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State v. Trafficante, 1889
...be resolved. Thus, generally a verdict in a criminal case will not be overthrown on appeal for inconsistency. See also Manning v. State, Fla.1957, 93 So.2d 716. As noted, the trial judge held that the evidence was insufficient to sustain the verdict under the fifth count. The gravamen of th......