Ettaro v. State

354 So. 2d 897, 1978 Fla. App. LEXIS 14858
District Court of Appeal of Florida·Decided January 17, 1978·No. No. 76-2080·Published

Opinion

DAUKSCH, Judge.

The evidence to support the conviction of rape was legally insufficient and the trial court should have granted Defendant’s Motion for judgment of acquittal. Hollis v. [898] State, 27 Fla. 387, 9 So. 67 (1891); Bowden v. State, 152 Fla. 715, 12 So.2d 887 (1943); Johnson v. State, 118 So.2d 806 (Fla. 2d DCA 1960); O'Bryan v. State, 324 So.2d 713 (Fla. 1st DCA 1976).

The Judgment and Sentence are reversed with directions to discharge the Appellant.

REVERSED with directions.

CROSS and DOWNEY, JJ., concur.

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Ettaro v. State, 354 So. 2d 897, 1978 Fla. App. LEXIS 14858 (Fla. Ct. App. 1978).

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Related

Johnson v. State
118 So. 2d 806 (District Court of Appeal of Florida, 1960)
O'BRYAN v. State
324 So. 2d 713 (District Court of Appeal of Florida, 1976)
Bowden v. State
12 So. 2d 887 (Supreme Court of Florida, 1943)
Hollis v. State
27 Fla. 387 (Supreme Court of Florida, 1891)