Yoemans v. State, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: PER CURIAM. —
Attorneys: Watt Lawler, for Petitioner;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for Respondent.
Filed: May 08, 1931
Latest Update: Mar. 02, 2020
Summary: On authority of the opinion and judgment in the case of Benton vs. The State, 74 Fla. 30 , 76 So. 341 , the writ of certiorari should be quashed. It is so ordered. BUFORD, C.J., AND WHITFIELD, ELLIS, AND TERRELL, J.J. concur. BROWN, J., dissents. DAVIS, J., disqualified. *Page 552
A part of the material evidence on which this man was convicted in the County Court was obtained by an unlawful search of his person. Due objection was made by defendant. I think the admission of this evidence was a "departure from the essential requirements of the law," and that the Circuit Court should have reversed the judgment of the County Court. See Brinson v. Tharin, 99 Fla. 696, 127 So. 313.
Source: CourtListener
