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RALSTON v. STATE

No. 76-1133.

350 So.2d 791 (1977)

George RALSTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1977.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Paul Morris, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

The appellant was convicted of involuntary sexual battery after a jury trial. By this appeal, he contends that the trial court committed error in failing to respond to a question from the jury:

"Could there be such a thing as implied consent? Is implied consent a defense?"

He further contends that the trial court erred in failing to grant his motion for judgment of acquittal at the conclusion of all the evidence. We affirm.

As...

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