Johnson v. State

SHANNON, Chief Judge.

The defendant has appealed from a judgment of conviction of assault with intent to commit rape, for which he received a twelve year prison sentence. He was originally tried for rape, which trial resulted in a jury verdict of guilty, with a recommendation of mercy, for which he was sentenced to a twenty-five year term in the state prison. The former case was appealed to this court and resulted in a reversal and remand for new trial. In the opinion reported in Fla.App., 118 So.2d 806, Judge Allen, for the court, stated:

“We think the testimony of the prosecuting witness…