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Skiff v. State

Supreme Court of Florida, Division A
Oct 20, 1932
107 Fla. 90 (Fla. 1932)

Summary

In Skiff, the Court reversed a rape conviction because the requisite evidence of the victim's character was unconvincing, explaining that "[t]he previous chaste character of the alleged victim is a material fact to be proved [by the state]."

Summary of this case from Tibbs v. State

Opinion

Opinion filed October 20, 1932.

A writ of error to the Criminal Court of Record for Hillsborough County; W. Raleigh Petteway, Judge.

C. M. Bourland, for Plaintiff in Error;

Cary D. Landis, Attorney General, for the State.


The plaintiff in error was convicted of the statutory offense denounced by section 5409 R. G. S., 7552 C. G. L.

The previous chaste character of the alleged victim is a material fact to be proved. The evidence in the instant case of the previous chastity of the alleged victim is far from convincing. In fact, the record discloses much convincing evidence of her previous unchaste character and in the motion for new trial, one ground of which was the existence of newly discovered evidence, the defendant in the court below presented the affidavits of three persons in which further proof of her unchaste character is portrayed.

We are convinced that justice demands a new trial.

The judgment will be reversed upon authority of the opinions and judgments in the cases of Nims v. State, 70 Fla. 530, 70 So. 565; Fuller v. State, 92 Fla. 873, 110 So. 528; Ming v. State, 89 Fla. 280, 103 So. 618; Platt v. State, 65 Fla. 253, 61 So. 502; Townsend vs. State, 95 Fla. 139, 116 So. 7; Coker vs. State, 83 Fla. 672, 93 So. 176; Knowles vs. State, 86 Fla. 270, 97 So. 716; Davis vs. State, 76 Fla. 179, 79 So. 450.

It is so ordered.

BUFORD, C.J., AND WHITFIELD, TERRELL AND BROWN, J.J., concur.

DAVIS, J., disqualified.


Summaries of

Skiff v. State

Supreme Court of Florida, Division A
Oct 20, 1932
107 Fla. 90 (Fla. 1932)

In Skiff, the Court reversed a rape conviction because the requisite evidence of the victim's character was unconvincing, explaining that "[t]he previous chaste character of the alleged victim is a material fact to be proved [by the state]."

Summary of this case from Tibbs v. State

In Skiff v. State, 107 Fla. 90, 144 So. 323 (1932), the supreme court found that the evidence as to the previous chaste character of the victim was unconvincing and held that justice demanded a new trial.

Summary of this case from State v. Tibbs
Case details for

Skiff v. State

Case Details

Full title:E. R. SKIFF, Plaintiff in Error, vs. STATE OF FLORIDA, Defendant in Error

Court:Supreme Court of Florida, Division A

Date published: Oct 20, 1932

Citations

107 Fla. 90 (Fla. 1932)
144 So. 323

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