Smith v. State

District Court of Appeal of Florida

Smith v. State

112 So. 2d 896, 1959 Fla. App. LEXIS 2973

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1959

DocketNo. 58-498

StatusPublished

This text of 112 So. 2d 896 (Smith 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

Smith v. State, 112 So. 2d 896, 1959 Fla. App. LEXIS 2973 (Fla. Ct. App. 1959).

Pincite

Opinion

PER CURIAM.

Appellant was indicted, tried and convicted in Dade County of raping his 17 year old daughter. In their verdict the jury recommended mercy. The court imposed a sentence for a designated term of years.

Appellant has prosecuted this appeal in proper person, while confined in the state penitentiary, and the appeal has been considered by this court without oral argument.

After examination of the record and briefs, this court is of the opinion that no material error is disclosed and that the judgment appealed from must be affirmed.

The evidence in this case appears clear and convincing, and fully sustains the verdict. Appellant was represented by able counsel at the trial. The record shows the case to have been fairly tried, and that the trial judge properly and adequately charged the jury on the law applicable to the case.

We have given full and careful consideration to the appellant’s claims of error as disclosed in his assignments of error and in the points dealt with in his brief, and we find that they are without merit.

Affirmed,

CARROLL, CHAS., C. J., HORTON and PEARSON, JJ., concur.

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