Judges: PER CURIAM.
Attorneys: J. Velma Keen and A. Frank O'Kelley, Jr., for Petitioner;
John W. Prunty and James N. Daniel, for Respondents.
Filed: Jun. 13, 1938
Latest Update: Mar. 02, 2020
Summary: This is a case of original jurisdiction. On petition for a writ of prohibition, it was made to appear that Charles W. Page was a regularly licensed and practicing physician of the State of Florida prior to November 13, 1929. On November 13, 1929, he was convicted in the Circuit Court of Washington County, Florida, for perjury, possession of stolen goods, and grand larceny, and was by the circuit court of said county sentenced therefor to the State penitentiary of Florida for a period of five yea
Summary: This is a case of original jurisdiction. On petition for a writ of prohibition, it was made to appear that Charles W. Page was a regularly licensed and practicing physician of the State of Florida prior to November 13, 1929. On November 13, 1929, he was convicted in the Circuit Court of Washington County, Florida, for perjury, possession of stolen goods, and grand larceny, and was by the circuit court of said county sentenced therefor to the State penitentiary of Florida for a period of five year..
More
I cannot concur in the opinion prepared by Mr. Justice CHAPMAN because the record shows that the proceedings before the Board of Medical Examiners was instituted after the effective date of the full and absolute pardon which had the effect stated in 46 C. J. 1192-3, par. 32, quoted in Mr. Justice CHAPMAN'S opinion and therefore the conviction is for all purposes of no effect. If the complaint charged that the petitioner committed the unlawful acts of which he was convicted it would present a difficult question. Those charges might be sustained by proof but the conviction is no longer evidence of the commission of the acts then charged.
