Holroyd v. State, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: BUFORD, J.
Attorneys: Bart A. Riley and Arthur S. Friedman, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant, for the State.
Filed: Feb. 17, 1937
Latest Update: Mar. 02, 2020
Summary: The writ of error is to a judgment of conviction under an information charging violation of the provisions *Page 153 of Section 5057 R.G.S., 7159 C.G.L., the first count of the information on which the conviction was had charging as follows: "That Leon Holroyd of the County of Dade and State of Florida, on the 9th day of March in the year of our Lord one thousand nine hundred and thirty-six, in the County and State aforesaid, did then and there, without lawful authority, forcibly confine and imp
Summary: The writ of error is to a judgment of conviction under an information charging violation of the provisions *Page 153 of Section 5057 R.G.S., 7159 C.G.L., the first count of the information on which the conviction was had charging as follows: "That Leon Holroyd of the County of Dade and State of Florida, on the 9th day of March in the year of our Lord one thousand nine hundred and thirty-six, in the County and State aforesaid, did then and there, without lawful authority, forcibly confine and impr..
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The evidence makes out a prima facie case of assault with intent to commit murder on the person of the assaulted person by forcibly seizing him and taking him to a place suitable for the commission of such a felony (assuming the State's contentions to be true) but I see nothing in the evidence to sustain a violation of Section 5057 R.G.S., 7159 C.G.L. Therefore, I concur in reversal, but without prejudice to appropriate prosecution otherwise.
Source: CourtListener
