Stanley v. State
| Decision Date | 28 November 1960 |
| Docket Number | No. 59-762,59-762 |
| Citation | 124 So.2d 743 |
| Parties | George STANLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Harvey J. St. Jean, Miami Beach, and Oakley G. Smith, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee.
The appellant was indicted, tried and convicted of statutory rape of a child under ten years of age. Upon a jury recommendation of mercy, the appellant was sentenced to 99 years. He appeals a judgment of conviction and sentence.
The appellant urges a reversal upon three grounds, i. E., (1) that his confession should have been suppressed because of the failure of the arresting officer to take him without delay before a committing magistrate; (2) that the jury was not fully instructed because the trial judge failed to define the offense of assault with intent to commit rape, an offense included within that charged in the indictment; and (3) that the trial judge, through the bailiff, instructed the jury outside the presence of the appellant.
Each of the appellant's contentions has been carefully considered and found to be without merit. It would serve no useful purpose, except to lengthen this opinion, to delineate the details of the offense or to discuss the reasons why this court feels that the testimony and evidence sustain the conviction and that the claimed errors are insufficient to warrant a reversal.
Accordingly, the judgment of conviction and sentence is affirmed.
Affirmed.
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Outten v. State
...not precisely in point, incline by inference toward support of the foregoing rule in C.J.S.--that is, As a general rule. Stanley v. State, Fla.App.1960, 124 So.2d 743; Leach v. State, Fla.1961, 132 So.2d 329; Dawson v. State, Fla.1962, 139 So.2d 408; Young v. State, Fla.1962, 140 So.2d 97; ......
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Crum v. State, 64-428
...in this State that an accused be taken before a committing magistrate before a statement can be taken from him. See: Stanley v. State, Fla.App.1960, 124 So.2d 743; Leach v. State, Fla.1961, 132 So.2d 329. It is apparent that the accused was advised of his constitutional rights prior to the ......
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Stanley v. Wainwright
...From this he appealed to the District Court of Appeals, Third District of Florida, where his appeal was denied. Stanley v. Florida, Fla.App., 1960, 124 So.2d 743. He then collaterally attacked his conviction by a motion to vacate his sentence under former Florida Criminal Procedure Rule 1, ......
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Stanley v. State
...Asst. Atty. Gen., for appellee. Before HENDRY, C. J., and PEARSON and HUBBART, JJ. PER CURIAM. Affirmed. See: Stanley v. State, 124 So.2d 743 (Fla. 3d DCA 1960); Baxley v. State, 192 So.2d 510 (Fla. 1st DCA 1966); Houser v. United States, 508 F.2d 509 (8th Cir. ...