State v. Smith
| Decision Date | 12 May 1971 |
| Docket Number | No. 40329,40329 |
| Citation | 249 So.2d 16 |
| Court | Florida Supreme Court |
| Parties | STATE of Florida, Petitioner, v. Cecil Edward SMITH, Respondent. |
Robert L. Shevin, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.
Walter R. Talley, Public Defender and D. Turner Matthews, Asst. Public Defender, for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, reported at 239 So.2d 284. The decision sought to be reviewed conflicts with Doyle v. State, 1 giving this Court jurisdiction under § 4, Article V of the Florida Constitution, F.S.A.
Cecil Edward Smith, respondent herein, was tried and convicted of rape, with recommendation of mercy, and of breaking and entering with intent to commit a felony, to-wit: rape. He was sentenced to life imprisonment for rape and to ten years for breaking and entering, the sentences to run concurrently.
The District Court reversed and remanded for either a new trial on both charges or, in the discretion of the trial judge, for discharge on the rape charge and reduction of the other offense to breaking and entering with intent to commit a misdemeanor.
In a novel opinion the District Court held that, although the jury's verdict was supported by the evidence, the interests of justice required a new trial. The basis of its decision is the following 'doctrinal postulate' originated by the District Court: 2
'If the testimony of persons not involved in the alleged rape, together with the data objectively verifiable, converge upon the hypothesis that the act was not forcible, a new trial should be granted either by the trial court on motion or the appellate court on appeal, although the prosecutrix' testimony alone supplies every element of the offense.'
The above-quoted statement conflicts with the established rule in Florida that the testimony of the prosecutrix need not be corroborated in order to sustain a conviction.
The District Court acknowledges that the evidence supports the conviction and that corroboration is unnecessary under Florida law but concludes that there are 'many little indicators of doubt' 3 on the question of consent such as the fact that the clothing of the prosecutrix was not torn. Clearly these questions were for the jury who heard and observed the conflicting testimony of respondent and the prosecutrix.
Briefly, the facts are that at about 1:20 o'clock in the morning the prosecutrix was awakened in her room in the apartment she occupied alone by a noise at her window. She saw the silhouette of a man just outside. She got out of bed, ran toward the window just as he was breaking through the screen and window and coming over a kitchen table just inside the window. She struggled with him trying to push him back out, but he came on in, threatened her if she made an outcry and put his hand over her mouth and nose. He told her he was an escaped convict and had to 'hide out for a couple of hours.' He stated that he had a 'friend' outside who was armed and had escaped prison with him. He threatened to kill her if she screamed or made an outcry. Thereafter, he forced her to disrobe and by physical force and threats of dire injury, proceeded to have sexual intercourse with her four times on her bed over a period of the next two or three hours. The prosecutrix stated that she never at any time consented but had resisted to the utmost consistent with what she was convinced would be better for her life and safety. Respondent Smith, testifying on his own behalf, admitted breaking through the window and screen and having sexual relations with the prosecutrix. He stated, however, that what they did was by mutual consent, without force, threats or intimidation on his part.
...
To continue reading
Request your trial
-
Tibbs v. State
...doubt that the conviction cannot in conscience be upheld." Id. at 290 (footnote omitted). On appeal we unanimously reversed. State v. Smith, 249 So.2d 16 (Fla.1971). Describing the district court's opinion as "novel," we A twelve-man jury evaluated the evidence, including the credibility of......
-
Dunn v. State
...Solomon v. State, 115 Fla. 310, 156 So. 401 (Fla.1934); Smith v. State, 239 So.2d 284 (Fla. 2d DCA 1970), quashed, State v. Smith, 249 So.2d 16 (Fla.1971); Council v. State, 443 So.2d 440 (Fla. 3d DCA 1984); Huggins v. State, 453 So.2d 835 (Fla. 5th DCA 1984).3 Tibbs is the subject of a cas......
-
Gore v. State
...had been bound. Although there is conflicting evidence on this issue, factual conflicts are to be resolved by the jury. State v. Smith, 249 So.2d 16, 18 (Fla.1971). We find that there was substantial, competent evidence to support the jury's verdict of guilt as to the kidnapping charge, and......
-
Jent v. State
...he relies. Tibbs v. State, 397 So.2d 1120 (Fla.1981). In the latter Tibbs we reaffirmed this Court's previous conclusion in State v. Smith, 249 So.2d 16 (Fla.1971), that, when a jury properly performs its duty, a reviewing court should not reweigh the evidence. The state concedes that its w......