Friday, November 28, 2008

From the Bench - 11/28/08

ISSUE: "Does the one specific crime definitely defined and limited by Section 7567 C.G.L. -- 1927; 3534 C.S. (1906) 5424 R.G.S. -- 1920; c. 1637, Sub. c. 8, Acts 1868, Sec. 17, comprehend or include the action of a 76 year old, aged Indian War Veteran, feeble physically and mentally, in, after having met the two girls of 11 and 13 years of age who solicited him, went to his residence and there they both get on the bed, pull up their dresses and drop down their panties, when he in turn on his back in the same bed allowed them to diddle with his rag-like penis, unerectable, lifeless and useless except to connect the bladder with the outside world for more than six years since the death of his wife, utterly incapable of either penetration or emission, and wad it like a rag into their mouths, and then, in his feeble and aged condition impelled by the irresistable impulse, in turn he would kiss and put his tongue in their little, though potentially influential and powerful, vaginas?"

--Lason v. State, 12 So.2d 305 (Fla. 1943).

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