# Cumbie v. State

> District Court of Appeal of Florida · December 22, 1978 · 378 So. 2d 1

URL: https://www.frixlaw.com/law-library/cases/7500300

## Case

- **Full name:** Marvin Leroy CUMBIE v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** December 22, 1978
- **Citations:** 378 So. 2d 1; 1978 Fla. App. LEXIS 16999
- **Precedential status:** Published
- **Opinion:** Concurring in part by Melvin
- **Judges:** McCord, Melvin, Mills
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7500300

## How later opinions describe it (automated extraction)

- holding it was a golden rule violation for state to argue to jury in sexual battery case: “Now, we men often times can't appreciate the assault on a body that a woman has to undergo when she is being raped or attempted to be raped, but I think we can think about it and kind of…

## Opinion text

MELVIN, Judge,
concurs in part and dissents in part.
While it is apparent that the prosecuting attorney was overzealous in his presentation of the State’s case to the jury and made several comments that were improper, I feel that the trial judge corrected the matter by instructing the jury to disregard such statements. Cumbie was not entitled to a perfect trial, and he certainly did not receive one. All he is entitled to is a fair trial, and I feel that he received that.
I would therefore affirm the judgment appealed from and remand the cause for the imposition of an appropriate sentence in harmony with North Carolina v. Pearce, referred to in the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7500300. Public record. Not legal advice.