State v. Whitter

This is an appeal by the state from an order granting a new trial based on § 932.-38, Fla.Stat.1969 (now § 925.07, Fla.Stat., F.S.A.) See § 924.07, Fla.Stat.1969 (now § 924.07, Fla.Stat., F.S.A. as amended.)

Ossie Whitter, appellant, was an unmarried male under age 21 charged with rape. At an arraignment attended by his father, defense counsel was appointed because of indigency and a plea of not guilty was entered. No date for the trial was then set. In April, 1970 the trial was set for June 29, but was later reset for July 6, 1970. The trial was continued from July 6 to July 7. On July 7,…