SELLERS v. STATE

No. 67-942.

212 So.2d 659 (1968)

Harry Clyde SELLERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

July 16, 1968.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Herbert M. Klein, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., for appellee.

Before PEARSON and BARKDULL, JJ., and PIERCE, WILLIAM C., Associate Judge.


PER CURIAM.

The appellant was indicted for the crime of rape. He was tried by a jury and convicted, with a recommendation of mercy. He has perfected this appeal and urges error in the proceedings in the trial court in the following particulars: 1) That there is insufficient evidence to support the conviction because of a lack of evidence of "penetration" and, 2) That fundamental error was committed by the prosecutor in certain questions propounded to the defendant...

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