Ettaro v. State

District Court of Appeal of Florida

Ettaro v. State

354 So. 2d 897, 1978 Fla. App. LEXIS 14858

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 1978

DocketNo. 76-2080

StatusPublished

This text of 354 So. 2d 897 (Ettaro 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

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

Pincite

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]*898State, 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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