Judges: BROWNE, J. —
Attorneys: Thomas Palmer and W. F. Way, for Plaintiff in Error;
Rivers Buford, Attorney General, and J. B. Gaines, Assistant Attorney General, for the State.
Filed: Feb. 28, 1925
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error, G. L. Hart, was convicted under an indictment charging him with unlawfully having in his possession "intoxicating liquor, to-wit, one quart of Scotch Whiskey, broken, and the said G. L. Hart, whose Christian name is to the Grand Jurors unknown, had previously, on to-wit the 14th day of March, A.D. 1921, been convicted in the County Court of Pinellas County, Florida, of a violation of the intoxicating liquor law, to-wit, Transporting intoxicating liquor." The jury found "t
Summary: The plaintiff in error, G. L. Hart, was convicted under an indictment charging him with unlawfully having in his possession "intoxicating liquor, to-wit, one quart of Scotch Whiskey, broken, and the said G. L. Hart, whose Christian name is to the Grand Jurors unknown, had previously, on to-wit the 14th day of March, A.D. 1921, been convicted in the County Court of Pinellas County, Florida, of a violation of the intoxicating liquor law, to-wit, Transporting intoxicating liquor." The jury found "th..
More
The indictment does not allege a second offense that is punishable as a felony under the statute, Chapter 9266, Acts of 1923, therefore the judgment of conviction and sentence as for a felony should be reversed so the indictment may be quashed. A discussion of other proceedings in the trial seems to be inappropriate.
TERRELL, J., concurs.
