Hill v. State

District Court of Appeal of Florida

Hill v. State

247 So. 2d 772, 1971 Fla. App. LEXIS 6741

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 1971

DocketNo. 70-973

StatusPublished

This text of 247 So. 2d 772 (Hill 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

Hill v. State, 247 So. 2d 772, 1971 Fla. App. LEXIS 6741 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

The appellant was indicted for the crime of rape. He was tried before a jury and [773]*773found guilty with a recommendation mercy. He was adjudicated guilty and sentenced to life imprisonment. This appeal is from that judgment and sentence. of

The only point presented on appeal urges that the trial judge erred in denying appellant’s motion for a directed verdict of not guilty at the conclusion of the State’s case, because -the evidence was not sufficient to sustain a finding that the act was done against the will of the prosecutrix. The record reveals that the rape was accomplished at gun point during the perpetration of a robbery. There was abundant evidence that the victim was in fear of her life during the robbery and the assault. She was physically injured by appellant during the attempts preliminary to the penetration. We hold that the evidence clearly establishes that the victim submitted against her will and in order to save her life. There is no requirement that a victim of rape must resist as long as strength endures. Thomas v. State, Fla.1964, 167 So.2d 309.

Affirmed.

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PER CURIAM.

The appellant was indicted for the crime of rape. He was tried before a jury and [773]*773found guilty with a recommendation mercy. He was adjudicated guilty and sentenced to life imprisonment. This appeal is from that judgment and sentence. of

The only point presented on appeal urges that the trial judge erred in denying appellant’s motion for a directed verdict of not guilty at the conclusion of the State’s case, because -the evidence was not sufficient to sustain a finding that the act was done against the will of the prosecutrix. The record reveals that the rape was accomplished at gun point during the perpetration of a robbery. There was abundant evidence that the victim was in fear of her life during the robbery and the assault. She was physically injured by appellant during the attempts preliminary to the penetration. We hold that the evidence clearly establishes that the victim submitted against her will and in order to save her life. There is no requirement that a victim of rape must resist as long as strength endures. Thomas v. State, Fla.1964, 167 So.2d 309.

Affirmed.

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247 So. 2d 772, 1971 Fla. App. LEXIS 6741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-fladistctapp-1971.

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