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Wilson v. State

Florida Supreme Court
288 So.2d 480 (1974)


Facts

Prison inmates Linteen Edward Wilson, Bernard Brinson, and others (defendants) attacked a fellow inmate while brandishing a knife and forced him to submit to sexual copulation per anum. Defendants were charged with sodomy, found guilty and sentenced to additional years in prison. Defendants appealed. During the appeal, the Florida Supreme Court ruled that the state’s sodomy statute was unconstitutional and void for vagueness in its language. Franklin v. State, 257 So.2d 21 (Fla.1971). Thereafter, an intermediate appellate court vacated defendants’ convictions remanded their cases to the trial court for trial on charges of rape and forcible carnal knowledge under § 794.01, Florida Statutes. Defendants appealed. The Florida Supreme Court granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (McCain, J.)

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