Leath v. State

AGNER, ROYCE, Associate judge.

The defendant appeals the denial of his motion for a judgment of acquittal made at the close of the State’s case and also urges reversal because of insufficiency of the evidence to support the judgment of guilt of child torture.

The defendant-appellant, Ronald Thomas Leath, was Pauline Thomas’ boyfriend. Pauline had two children. Ricky Clark, her oldest, was a 6 year old boy. Felecia Michelle, her daughter, was 3.

On the day of March 19, 1975, Pauline left her home in an apartment complex in *123Jacksonville at 1:00 P.M. or thereabouts to keep an appointment with a…