O'BRYAN v. STATE

No. W-419.

324 So.2d 713 (1976)

George Herman O'BRYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 6, 1976.


Attorney(s) appearing for the Case

Bill A. Corbin, Blountstown, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.


TENCH, BENJAMIN M., Associate Judge.

The parties will be referred to as in the Court below.

Defendant was convicted of rape and sentenced to thirty (30) years in the Division of Corrections. He raises five (5) points on appeal, only one of which we find worthy of consideration. It is the threshold question whether the evidence was adequate to support conviction. We hold it was not.

According to the victim, at approximately midnight on March 30, 1974...

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