Gonzales v. State, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 4
Judges: PER CURIAM. —
Attorneys: C. S. Ellis, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Oct. 22, 1932
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error, Frank Gonzales, was convicted in the Criminal Court of Record of Dade County of the offense of having procured for prostitution and having feloniously caused to be prostituted an unmarried female under the age of sixteen years, in violation of Section 7578 C. G. L., 5435 R. G. S. Writ of error was taken to the sentence of ten years imprisonment imposed. There is no direct evidence in the transcript to the effect that the female alleged to have been prostituted was an unmarrie
Summary: Plaintiff in error, Frank Gonzales, was convicted in the Criminal Court of Record of Dade County of the offense of having procured for prostitution and having feloniously caused to be prostituted an unmarried female under the age of sixteen years, in violation of Section 7578 C. G. L., 5435 R. G. S. Writ of error was taken to the sentence of ten years imprisonment imposed. There is no direct evidence in the transcript to the effect that the female alleged to have been prostituted was an unmarried..
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I concur in the holding that the case must be reversed for lack of evidence to prove that the female in question was unmarried, which is, under the statute an essential element of the offense charged. But this was, in my estimation, the only reversible error. I think there was enough evidence to sustain the verdict in so far as the other element of the offense is concerned.
Source: CourtListener
