Phillips v. State

TERRELL, Chief Justice.

Marvin D. Phillips was indicted and tried for rape in Collier County. The jury returned a yerdict of “guilty of rape” as charged in the indictment, without recommendation to mercy. The court imposed the extreme penalty, death by electrocution. Motion for new trial was overruled and this appeal was prosecuted.

It is first contended that the evidence was not sufficient predicate for the verdict and judgment.

In support .of this contention appellant says that there is no showing of penetration, an essential element of rape as required by Section 794.01, Florida Statutes,…