Skiff v. State
| Decision Date | 20 October 1932 |
| Citation | 144 So. 323,107 Fla. 90 |
| Parties | SKIFF v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.
E. R. Skiff was convicted of the statutory offense of carnal intercourse with an unmarried female under 18 years of age, and he brings error.
Reversed.
COUNSEL C. M. Bourland, of Tampa, for plaintiff in error.
Cary D. Landis, Atty. Gen., for the State.
The plaintiff in error was convicted of the statutory offense denounced by section 5409, Rev. Gen. St., section 7552, Comp. Gen. Laws.
The previous chaste character of the alleged victim is a material fact to be proved. The evidence in the instant case of the previous chastity of the alleged victim is far from convincing. In fact, the record discloses much convicing evidence of her previous unchaste character, and in the motion for new trial, one ground of which was the existence of newly discovered evidence, the defendant in the court below presented the affidavits of three persons in which further proof of her unchaste character is portrayed.
We are convinced that justice demands a new trial.
The judgment will be reversed upon authority of the opinions and judgments in the cases of Nims v. State, 70 Fla. 530, 70 So. 565; Fuller v. State, 92 Fla. 873, 110 So. 528; Ming v. State, 89 Fla. 280, 103 So. 618; Platt v. State, 65 Fla. 253, 61 So. 502; Townsend v. State, 95 Fla. 139, 116 So. 7; Crocker v. State, 83 Fla. 672, 93 So. 176; Knowles v. State, 86 Fla. 270, 97 So. 716; Davis v. State, 76 Fla. 179, 79 So. 450.
It is so ordered.
DAVIS, J., disqualified.
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Tibbs v. State
...guilt was not established beyond and to the exclusion of every reasonable doubt. The district court also relied upon Skiff v. State, 107 Fla. 90, 144 So. 323 (1932), and Fuller v. State, 92 Fla. 873, 110 So. 528 (1926). In Skiff, the Court reversed a rape conviction because the requisite ev......
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Smith v. State
...118 So.2d 806, second appeal Fla.App.1962, 138 So.2d 386.12 Sapir v. United States, 348 U.S. 373, 75 S.Ct. 422 (1955).13 Skiff v. State, 1932, 107 Fla. 90, 144 So. 323. The court has referred to the Presence of corroboration in affirming convictions on allegedly insufficient evidence. Tsimp......
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Lowe v. State
... ... to constitute the crime, then, and under these conditions and ... circumstances, it becomes the duty of this Court to reverse ... the cause for a new trial. See Stephens v. State, ... 140 Fla. 163, 191 So. 294; Reed v. State, 137 Fla ... 768, 189 So. 21; Skiff v. State, 107 Fla. 90, 144 ... So. 323; Nims v. State, 70 Fla. 530, 70 So. 565; ... Fuller v. State, 92 Fla. 873, 110 So. 528; Ming ... v. State, 89 Fla. 280, 103 So. 618; Platt v ... State, 65 Fla. 253, 61 So. 502; Townsend v ... State, 95 Fla. 139, 116 So. 7; Coker v. State, ... 83 Fla ... ...
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Cordell v. State
...v. State, 154 Fla. 730, 19 So.2d 106; Stephens v. State, 140 Fla. 163, 191 So. 294; Reed v. State, 137 Fla. 768, 189 So. 21; Skiff v. State, 107 Fla. 90, 144 So. 323; Nims v. State, 70 Fla. 530, 70 So. 565; v. State, 92 Fla. 873, 110 So. 528; Ming v. State, 89 Fla. 280, 103 So. 618; Platt v......