Reed v. State

Supreme Court of Florida
Reed v. State, 7 So. 2d 103 (Fla. 1942)
150 Fla. 269; 1942 Fla. LEXIS 967
Buford, Brown, Whitfield, Adams

Reed v. State

Opinion of the Court

BUFORD, J.:

From a conviction of the offense of assault with intent to rape the accused brings his appeal here for review of the judgment.

*270 The only question presented is the sufficiency of the evidence.

It is contended that the evidence is insufficient to establish that at the time of the assault the accused entertained the intent to have sexual intercourse with the victim by force and against her will.

The intent of the accused may be found from a consideration of all surrounding circumstances. That is, it may be shown by circumstantial evidence. See Hunter v. State, 29 Fla. 486, 10 Sou. 730.

Whether or not the felonious intent existed is a matter for the jury to determine under proper instructions from the Court. See Parker v. State, 142 Fla. 210, 194 Sou. 484, and cases there cited.

The evidence was amply sufficient to establish the felonious intent charged, as well as the physical assault in prosecution of that intent.

The evidence also establishes the fact that the victim only escaped the consummation of the purpose by resisting the assault and screaming for help, which was not far distant.

Judgment is affirmed.

So ordered.

BROWN, C. J., WHITFIELD and ADAMS, JJ., concur.

Reference

Full Case Name
Elijah Reed v. State
Cited By
2 cases
Status
Published