Bivins v. State

District Court of Appeal of Florida

Bivins v. State

208 So. 2d 666, 1968 Fla. App. LEXIS 5812

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1968

DocketNo. 67-792

StatusPublished

Cited by1 cases

This text of 208 So. 2d 666 (Bivins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bivins v. State, 208 So. 2d 666, 1968 Fla. App. LEXIS 5812 (Fla. Ct. App. 1968).

Pincite

Opinion

PER CURIAM.

The appellant was found guilty after a non-jury trial upon two separate informa-tions charging defendant with crimes against nature in violation of § 800.01, Fla. Stat., F.S.A. He was sentenced to a total of six years. This appeal followed.

The single point presented on appeal urges that the State did not establish a prima facie case concerning the commission of the crime. It is urged that the element of penetration was not proved. See Swain v. State, Fla.App.1965, 172 So.2d 3.

The testimony of the victim was clearly sufficient to establish the element specified. See Drawdy v. State, 97 Fla. 367, 120 So. 844 (1929).

Affirmed.

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