RUSSELL v. STATE

No. 71-448.

269 So.2d 437 (1972)

Willie James RUSSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 15, 1972.


Attorney(s) appearing for the Case

T. David Burns, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


PIERCE, Chief Judge.

Appellant Willie James Russell appeals to this Court from an adverse judgment and sentence consequent upon a jury verdict finding him guilty after trial upon an information for rape in the Polk County Circuit Court.

The facts adduced in evidence at the trial were without material contradiction except as to the identity of the accused, which was the crucial factual point in issue. On July 16, 1970, at about 9 o'clock P.M. the prosecutrix...

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