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208 So. 2d 666

Bivins v. State

District Court of Appeal of Florida · decided 1968-04-09

Cited by 4 later decisions — most recently March 2006

4 state decisions

Relies on Swain v. State · Drawdy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-04-09

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PER CURIAM.

¶1The appellant was found guilty after a non-jury trial upon two separate informa-tions charging defendant with crimes against nature in violation of § 800.01, Fla. Stat., F.S.A. He was sentenced to a total of six years. This appeal followed.

¶2The single point presented on appeal urges that the State did not establish a prima facie case concerning the commission of the crime. It is urged that the element of penetration was not proved. See Swain v. State, Fla.App.1965, 172 So.2d 3.

¶3The testimony of the victim was clearly sufficient to establish the element specified. See Drawdy v. State, 97 Fla. 367, 120 So. 844 (1929).

¶4Affirmed.

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