Watkins v. State

Supreme Court of Florida

Watkins v. State

77 So. 2d 795

DecidedFebruary 4, 1955

StatusPublished

This text of 77 So. 2d 795 (Watkins v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watkins v. State, 77 So. 2d 795 (Fla. 1955).

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Opinion

PER CURIAM.

Appellant, John Junior Watkins, was tried and found guilty of assault with in[796]*796tent to rape. A motion for new trial was denied.

The State concedes that the evidence is completely insufficient to show that the appellant had the requisite intent to rape. The case is controlled by Rye v. State, 153 Fla. 559, 15 So.2d 255. It follows that the judgment must be, and it is hereby, reversed for further proceedings not inconsistent with law, and without prejudice to prosecution for violation of Section 800.04, Florida Statutes, 1953, F.S.A.

It is so ordered.

MATHEWS, C. J., and THOMAS, ■HOBSON and DREW, JJ., concur.

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PER CURIAM.

Appellant, John Junior Watkins, was tried and found guilty of assault with in[796]*796tent to rape. A motion for new trial was denied.

The State concedes that the evidence is completely insufficient to show that the appellant had the requisite intent to rape. The case is controlled by Rye v. State, 153 Fla. 559, 15 So.2d 255. It follows that the judgment must be, and it is hereby, reversed for further proceedings not inconsistent with law, and without prejudice to prosecution for violation of Section 800.04, Florida Statutes, 1953, F.S.A.

It is so ordered.

MATHEWS, C. J., and THOMAS, ■HOBSON and DREW, JJ., concur.

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77 So. 2d 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-state-fla-1955.

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