Judges: CHAPMAN, J.:
Attorneys: W.D. Bell, E.M. Magaha and R. Percy Jones, for appellant.
J. Tom Watson, Attorney General, John C. Wynn, Assistant Attorney General, and Bourke Floyd, Special Assistant Attorney General, for appellee.
Filed: Jul. 25, 1944
Latest Update: Mar. 02, 2020
Summary: The appellant, R.L. Lowe, was convicted by a jury of Lee County, Florida, for the violation of Section 794.05 , Fla. Stats. 1941 (F.S.A.). He was by the trial court sentenced to the State Prison, at hard labor, for a period of five years. Section 794.05 provides that any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under *Page 732 the age of 18 years, shall be punished by imprisonment in the State: Pris
Summary: The appellant, R.L. Lowe, was convicted by a jury of Lee County, Florida, for the violation of Section 794.05 , Fla. Stats. 1941 (F.S.A.). He was by the trial court sentenced to the State Prison, at hard labor, for a period of five years. Section 794.05 provides that any person who has unlawful carnal intercourse with any unmarried person, of previous chaste character, who at the time of such intercourse is under *Page 732 the age of 18 years, shall be punished by imprisonment in the State: Priso..
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I cannot concur in the majority opinion because it is my view that in cases like this where the evidence shows that the female involved has never had sexual intercourse with anyone except the accused she is of chaste character to all the world except the accused and he cannot be heard to say she is unchaste, although his claim be based on her testimony.
Another and more potent reason why I cannot concur in the majority opinion is that none of the acts of sexual intercourse committed by accused were barred by the statute of
limitation. Those which occurred more than two years before the filing of the information constituted rape (Sec. 794.01 F.S.A. 1941) because the victim was under ten years of age and at a time when she was not morally responsible for her acts of this sort. All the acts which occurred, as shown by the evidence, after she was ten years of age were within the two year statute of limitation.
Judgment should be affirmed on authority of Williams v. State, 92 Fla. 125, 109 So. 305; Hunter v. State, 85 Fla. 91, 95 So. 115.
Judgment should be affirmed.
TERRELL and SEBRING, JJ., concur.
