Opinion
No. 65-658.
April 26, 1966. Rehearing Denied June 14, 1966.
Appeal from the Criminal Court of Record for Dade County, Gene Williams, J.
Harry W. Prebish and Nicholas F. Tsamoutales, Miami, for appellant.
Earl Faircloth, Atty. Gen., Herbert P. Benn, First Asst. Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for appellee.
Before HENDRY, C.J., BARKDULL, J., and GOODING, MARION W., Associate Judge.
The appellant was informed against for the crime of assault with intent to commit rape; tried by jury; found guilty; and sentenced to two years in the State Penitentiary.
The appellant urges error in the failure of the trial court to direct a verdict in his favor at the close of all the evidence, and in the giving or failing to give certain jury instructions. We find no error and affirm. See: Autrey v. State, 94 Fla. 229, 114 So. 244; Albano v. State, Fla. 1956, 89 So.2d 342; Jackson v. State, Fla.App. 1958, 107 So.2d 247; Hodges v. State, Fla.App. 1958, 107 So.2d 794, 69 A.L.R.2d 1091; Hamilton v. State, Fla.App. 1963, 152 So.2d 793; Phillips v. State, Fla.App. 1965, 177 So.2d 243.
Therefore, the verdict, adjudication and sentence here under review is hereby affirmed.
Affirmed.