(Download) "Rudolph Jerome Austin v. State Florida" by Second District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Rudolph Jerome Austin v. State Florida
- Author : Second District Court of Appeal of Florida
- Release Date : January 14, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Rudolph Jerome Austin was indicted for the offense of rape, was by a jury found guilty with recommendation of mercy, and on June 4, 1962, was sentenced by the court to the state prison for the balance of his natural life. This defendant was represented throughout the trial proceedings by a competent attorney of his own choosing and employment, experienced in the field of criminal law; no appeal from the judgment of conviction and sentence was ever taken. After having served nearly a year of his sentence, Austin prepared and filed pro se a motion to vacate or set aside the sentence pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. From an order of the trial court denying this motion, he also composed and filed his own notice of appeal but is now represented here by court-appointed counsel. The motion, basically, is directed to insufficiency of the evidence to sustain the conviction and sentence. Other questions are raised with regard to alleged false swearing of testimony and to a claimed illegal search of Austins car without a search warrant.