Askew v. State

118 So.2d 219 (1960)

Donald Ray ASKEW, Appellant,

v.

STATE of Florida, Appellee.

Supreme Court of Florida.

February 17, 1960.

Rehearing Denied March 16, 1960.

Scruggs, Carmichael & Avera, Gainesville, for appellant.

Richard W. Ervin, Atty. Gen., and B. Clarke Nichols, Asst. Atty. Gen., for appellee.

HOBSON, Justice.

This is an appeal by Donald Ray Askew from a judgment imposing the death sentence pursuant to a jury verdict finding the appellant guilty of rape without a recommendation of mercy.

The appellant was indicted for the rape of a female age ten and one-half. The record discloses that on the…