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354 So. 2d 897

Ettaro v. State

District Court of Appeal of Florida

Decided January 17, 1978

District Court of Appeal of Florida · decided 1978-01-17

Relies on Bowden v. State · Hollis v. State · 118 So. 2d 806 - Johnson v. State

Decided 1978-01-17

DAUKSCH, Judge.

¶1The evidence to support the conviction of rape was legally insufficient and the trial court should have granted Defendant’s Motion for judgment of acquittal. Hollis v. *898State, 27 Fla. 387, 9 So. 67 (1891); Bowden v. State, 152 Fla. 715, 12 So.2d 887 (1943); Johnson v. State, 118 So.2d 806 (Fla. 2d DCA 1960); O'Bryan v. State, 324 So.2d 713 (Fla. 1st DCA 1976).

¶2The Judgment and Sentence are reversed with directions to discharge the Appellant.

¶3REVERSED with directions.

CROSS and DOWNEY, JJ., concur.
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