Judges: PER CURIAM. —
Attorneys: George W. Dayton, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.
Filed: Mar. 21, 1933
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error was indicted, tried and convicted in the Circuit Court of Pinellas County, Florida, on an indictment charging robbery. The indictment charges: "That Elbert Croft and Carl Sullivan, of the County of Pinellas and State of Florida, on the 19th day of November in the year of our Lord, one thousand nine hundred and thirty-one in the County and State aforesaid being then and there armed with a dangerous weapon, or weapons, to-wit: *Page 189 a pistol, or pistols, a more particula
Summary: The plaintiff in error was indicted, tried and convicted in the Circuit Court of Pinellas County, Florida, on an indictment charging robbery. The indictment charges: "That Elbert Croft and Carl Sullivan, of the County of Pinellas and State of Florida, on the 19th day of November in the year of our Lord, one thousand nine hundred and thirty-one in the County and State aforesaid being then and there armed with a dangerous weapon, or weapons, to-wit: *Page 189 a pistol, or pistols, a more particular..
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I think that while the motion to quash the indictment should have been granted the indictment was sufficient to put the defendant on full notice of the crime with which he was charged. That no advantage either was or could have been taken of the defendant by reason of any of the infirmities of the indictment and that the allegations thereof were sufficient to protect him against a second or subsequent prosecution for the same offense. Therefore, I think the judgment should be affirmed.
