Bivins v. State
Florida District Courts of Appeal
Bivins v. State, 208 So. 2d 666 (1968)
1968 Fla. App. LEXIS 5812
Barkdull, Hendry, Pearson
Bivins v. State
Opinion of the Court
The appellant was found guilty after a non-jury trial upon two separate informa-tions charging defendant with crimes against nature in violation of § 800.01, Fla. Stat., F.S.A. He was sentenced to a total of six years. This appeal followed.
The single point presented on appeal urges that the State did not establish a prima facie case concerning the commission of the crime. It is urged that the element of penetration was not proved. See Swain v. State, Fla.App.1965, 172 So.2d 3.
The testimony of the victim was clearly sufficient to establish the element specified. See Drawdy v. State, 97 Fla. 367, 120 So. 844 (1929).
Affirmed.
Reference
- Full Case Name
- John Albert BIVINS v. The STATE of Florida
- Cited By
- 1 case
- Status
- Published