FARABEE v. STATE

No. 75-1225.

336 So.2d 1281 (1976)

Melvin FARABEE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 22, 1976.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Stephen O. Rushing, Asst. Public Defender, Bartow, for appellant.

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

Clyde G. Killer, Fort Myers, as amicus curiae.


PER CURIAM.

Affirmed.

HOBSON and GRIMES, JJ., concur.

McNULTY, C.J., dissents with opinion.

McNULTY, Chief Judge (dissenting).

I must respectfully dissent. The sole triable issue in this rape case was the question of consent on the part of the prosecutrix. While concededly the evidence, though conflicting, prima facie supports the jury's finding of lack of lack of consent, nevertheless the unrefuted evidence of the highly questionable...

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