Judges: BUFORD, J. —
Attorneys: John M. Murrell and Fred H. Kirtley, Attorneys for Plaintiff in Error;
J. B. Johnson, Attorney General; Roy Campbell, Assistant, and Clark, Clark Maiden, Attorneys for Defendant in Error.
Filed: Dec. 08, 1927
Latest Update: Mar. 02, 2020
Summary: In this case an affidavit was filed in the office of the County Judge of Dade County, Florida, by one E. G. Sewell attempting to charge one Tom Arnold with the offense of criminal libel. The affidavit was in the following language: "STATE OF FLORIDA, COUNTY OF DADE. Before the subscriber, W. F. Blanton, County Judge in and for the County of Dade and State of Florida, personally came E. G. Sewell, who being duly sworn says that one Tom Arnold on the 22nd day of April, A.D. 1927, in the County and
Summary: In this case an affidavit was filed in the office of the County Judge of Dade County, Florida, by one E. G. Sewell attempting to charge one Tom Arnold with the offense of criminal libel. The affidavit was in the following language: "STATE OF FLORIDA, COUNTY OF DADE. Before the subscriber, W. F. Blanton, County Judge in and for the County of Dade and State of Florida, personally came E. G. Sewell, who being duly sworn says that one Tom Arnold on the 22nd day of April, A.D. 1927, in the County and ..
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While inartificially drawn, the affidavit and warrant did not wholly fail to state an offense. The writ of habeas corpus
should not be used as a substitute for a motion to quash, or writ of error, and the action of the court below should therefore, in my opinion, be affirmed. In re: Robinson, 73 Fla. 1068, 75 So. 604.
STRUM, J., concurs.
