Collett v. State

Appellant’s trial on a rape indictment resulted in a verdict of guilty of assault with intent to commit rape, for which he was sentenced to serve five years in the state penitentiary. The verdict was authorized as a conviction for a lesser offense under the crime of rape with which he was charged in the indictment. Kite v. State, 126 Fla. 77, 170 So. 445, 446.

Two points are raised, the first questioning the sufficiency of the evidence to sustain the verdict and judgment, and the other relating to a claim of newly discovered evidence.

As to the first question, a reading of the transcript of…