ASKEW v. STATE


118 So.2d 219 (1960)

Donald Ray ASKEW, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied March 16, 1960.


Attorney(s) appearing for the Case

Scruggs, Carmichael & Avera, Gainesville, for appellant.

Richard W. Ervin, Atty. Gen., and B. Clarke Nichols, Asst. Atty. Gen., for appellee.


HOBSON, Justice.

This is an appeal by Donald Ray Askew from a judgment imposing the death sentence pursuant to a jury verdict finding the appellant guilty of rape without a recommendation of mercy.

The appellant was indicted for the rape of a female age ten and one-half. The record discloses that on the night of the alleged crime the appellant, together with several other adults, were social guests of the victim's mother at her home. After a "round of drinks...

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