State v. Sumner
| Decision Date | 30 April 1946 |
| Citation | 157 Fla. 371,26 So.2d 336 |
| Parties | STATE v. SUMNER. |
| Court | Florida Supreme Court |
As Modified May 16, 1946.
Appeal from Circuit Court, DeSoto County; W. T. Harrison, judge.
J. Tom Watson, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., and Clyde H. Wilson, State Atty., of Sarasota, for appellant.
H. G. Jones, of Arcadia, for appellee.
The state has appealed from an order quashing an information with charges that:
* * *'
The order quashing the information reads:
'Defendant's motion to quash the information herein this day coming on for final hearing, the Court finds that instant statute, to-wit: Section 800.04, F.S.A. covers a field not covered by our statute against assault with intent to commit rape as appears by the clear language of the Statute and that the absence of intent to commit rape prescribed by section 800.04 F.S.A. is a distinguishing element that defines the new field of coverage from our pre-existing statute against assault with attempt to commit rape and from our lewd and lascivious conduct statute, to-wit: Section 798.02, F.S.A., and that it should be alleged in instant information that the matters and things charged therein were done 'without intent to commit rape upon said child'; Now
'Therefore It Is Ordered And Adjudged that said motion to quash be and the same is hereby sustained and granted and said information is hereby quashed.'
We find no error in the order and the same is affirmed.
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Lanier v. State
...an essential element of which is that the accused's acts be done "without the intent to commit sexual battery," 2 see State v. Sumner, 157 Fla. 371, 26 So.2d 336 (1946) (affirming trial court order quashing information charging offense under former Section 800.04 where allegation that defen......
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Hightower v. State, 85-453
...battery (formerly rape) committed against a child of eleven or younger. See Ray v. State, 403 So.2d 956 (Fla.1981); State v. Sumner, 157 Fla. 371, 26 So.2d 336 (1946); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985); Harrielson v. State, 441 So.2d 691 (Fla. 5th DCA 1983). Nevertheless, ......
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Allison v. State, E-271
...included offense under the charge and evidence at the trial. We note, however, that the Supreme Court of Florida in State v. Summer, 157 Fla. 371, 26 So.2d 336 (1946) indicated that lewd and lascivious conduct, as defined in Sec. 800.04, is in a different area from assault with intent to co......
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O'Bright v. State, BL-168
...of section 794.011 crimes, adhering to the traditional view expressed in Ray v. State, 403 So.2d 956 (Fla.1981), and State v. Sumner, 157 Fla. 371, 26 So.2d 336 (Fla.1946), and rejecting the notion that the supreme court's decision in Lanier v. State, 464 So.2d 1192, had altered the holding......