Sutton v. State

51 So.2d 725 (1951)

SUTTON

v.

STATE.

Supreme Court of Florida, en Banc.

April 10, 1951.

Hubbard & Carr, of Miami, and Watkins & Cohen, of Tallahassee, for appellant.

Richard W. Ervin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for appellee.

TERRELL, Justice.

The appellant was tried and convicted on an information charging that he did lewdly and lasciviously fondle a female child under the age of fourteen years, contrary to Section 800.04, F.S.A. A sentence of three years in the State penitentiary was imposed and the defendant appealed.

After the jury deliberated two hours without reaching a verdict…