Burkes v. State

I would reverse the conviction because I do not believe there was a conflict in the evidence which justified the jury' in finding the petitioner guilty of the lesser included offense rather than the completed offense of rape. The Court of Criminal Appeals, 350 So.2d 1067, was wrong when it stated that “The question presented ... is there sufficient evidence in the record . to sustain the verdict of assault with intent to ravish?” Rather, the question was whether there was a conflict in the evidence of rape which would allow the jury to be charged on and render a verdict for the lesser offense…