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Florida District Courts of Appeal, 1978

Ettaro v. State

Ettaro v. State
Florida District Courts of Appeal · Decided January 17, 1978 · Cross, Dauksch, Downey
354 So. 2d 897; 1978 Fla. App. LEXIS 14858 (Southern Reporter, Second Series)

Ettaro v. State

Opinion of the Court

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. *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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