PHILLIPS v. STATE


92 So.2d 627 (1957)

Marvin D. PHILLIPS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida, En Banc.

February 13, 1957.


Attorney(s) appearing for the Case

W. Ed Weaver, Jr., Fort Myers, for appellant.

Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.


TERRELL, Chief Justice.

Marvin D. Phillips was indicted and tried for rape in Collier County. The jury returned a verdict of "guilty of rape" as charged in the indictment, without recommendation to mercy. The court imposed the extreme penalty, death by electrocution. Motion for new trial was overruled and this appeal was prosecuted.

It is first contended that the evidence was not sufficient predicate for the verdict and judgment.

In support of this...

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