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184 So. 2d 206

Gray v. State

District Court of Appeal of Florida

Decided February 16, 1966

District Court of Appeal of Florida · decided 1966-02-16

Good law ✅— No negative treatment on recordhow we know

Decided 1966-02-16

How this case has been cited

Cited by 5 later decisions — most recently April 1982

4 state decisions

20196619701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, ALLEN C., Associate Judge.

¶1Appellant was convicted of unlawfully handling, fondling and making an assault upon a female child under the age of 14 in a lewd, lascivious and indecent manner but without intent to commit rape.

¶2The motion for new trial having been denied this appeal was prosecuted.

¶3Appellant contends it was error to allow into evidence statements of a year old child made to her mother. The evidence was allowed in as part of the res ges-tae. Under the factual situation presented we feel the ruling was correct. The admissibility of such evidence is discussed in 20 American Jurisprudence, Evidence § 678 at page S73.

¶4The next and final point raised by appellant is the refusal of the trial court to direct a verdict in his favor at the close of the State’s case. The evidence introduced presented a prima facie case and was more than adequate to support the jury’s verdict.

¶5Affirmed.

SHANNON, Acting C. J., and ANDREWS, CHARLES O., Jr., Associate Judge, concur.
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