Ward v. State, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 2
Judges: TERRELL, C. J.
Attorneys: Wm. W. Flournoy and S.M. Preacher, for Plaintiff in Error;
George Couper Gibbs, Attorney General, and Thomas J. Ellis,
Assistant Attorney General, for Defendant in Error.
Filed: Mar. 15, 1940
Latest Update: Mar. 02, 2020
Summary: Plaintiff in Error was informed against *Page 239 and charged with having unlawful carnal intercourse with an unmarried female under the age of eighteen, of previous chaste character. The information was filed May 13, the defendant was served with capias May 15, and put on trial May 19. He was convicted and sentenced to serve ten years in the State penitentiary. He seeks relief from that judgment on writ of error. When the case was called for trial, defendant moved for a continuance on the groun
Summary: Plaintiff in Error was informed against *Page 239 and charged with having unlawful carnal intercourse with an unmarried female under the age of eighteen, of previous chaste character. The information was filed May 13, the defendant was served with capias May 15, and put on trial May 19. He was convicted and sentenced to serve ten years in the State penitentiary. He seeks relief from that judgment on writ of error. When the case was called for trial, defendant moved for a continuance on the ground..
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It is generally conceded that a charge such as that of which plaintiff in error was convicted is one easy to make and hard to successfully defend against. The gravamen of the offense lies in the violation of virtue rather than in the immoral act of sexual intercourse. It is a matter of common knowledge that although a young woman may be of unchaste character it is hard for one charged with the violation of her chastity to procure witnesses who will testify disclosing their knowledge of her previous unchastity. I think the defendant on account of his physical condition and the nature of the charge should have had reasonable time to prepare his defense and that justice demands that he have a new trial.
Source: CourtListener
