COSTOS TSIMPICAS
v.
STATE

Fla. | 1940-04-05
Terrell, C. J., Whitfield, Buford and Ci-iapman, J. J., concur., Thomas, J., agrees to conclusion., Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
142 Fla. 587 Florida Supreme Court (1940) Positive Treatment
Also reported at: 195 So. 150
Cited by 3 cases

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Synopsis

The Florida Supreme Court affirmed a conviction for the crime against nature, finding that despite issues with jury instructions and reliance on a single witness, the evidence was convincing and no reversible error was present.


Holding

The conviction is affirmed because, despite concerns about the jury instructions and the reliance on a single witness, the evidence was convincing and no reversible error appeared in the record.


Key Quotes

“While the only direct evidence of the commission of the crime is the testimony of the sixteen-year-old boy with whom the act was committed, that testimony is convincing and there is corroborating evidence.”

Establishes the primary evidence relied upon for conviction and the court's assessment of its weight.

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Facts & Procedural History

The defendant was convicted of the crime against nature based primarily on the testimony of a sixteen-year-old boy with whom the act was committed. Th…

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Opinion of the Court
Per Curiam.

Per Curiam.

On writ of error we review judgment of conviction of the abominable and detestable crime against nature.

No good purpose can be served by the Court preparing and promulgating an opinion in this case.

While the only direct evidence of the commission of the crime is the testimony of the sixteen-year-old boy with whom the act was committed, that testimony is convincing and there is corroborating evidence.

While we do not approve the manner in which, the trial court instructed the jury as to the applicable law of the case, the record does not show that the jury was not clearly advised in this regard.

On consideration of the entire record, no reversible error *588is made to appear and, therefore, the judgment should be affirmed.

So ordered.

Terrell, C. J., Whitfield, Buford and Ci-iapman, J. J., concur.

Thomas, J., agrees to conclusion.

Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


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Citator

Cited By

  • Smith v. State, 239 So. 2d 284 (Fla. 2d DCA 1970)
    …ir v. United States, 348 U.S. 373, 75 S.Ct. 422 (1955). . Skiff v. State, 1932, 107 Fla. 90, 144 So. 323. The court has referred to the presence of corroboration in affirming convictions on allegedly insufficient evidence. Tsimpicas v. State, 1940, 142 Fla. 587, 195 So. 150; Thomas v. State, Fla.1964, 167 So. 2d 309. .In Missouri, the rule is that corroboration is unnecessary except that “when the evidence of such prosecutrix is of a contradictory nature, or when applied to the admitted facts in the case…

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