Judges: BUFORD, J.
Attorneys: Jack Kehoe, for Plaintiff in Error;
George Couper Gibbs, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General, for the State.
Filed: Oct. 18, 1938
Latest Update: Mar. 02, 2020
Summary: Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles Wilso
Summary: Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles Wilson..
More
I do not think that the court below erred in sustaining the demurrer to the plea in abatement. It does not set out what the defendant told the County Solicitor; nor whether he admitted guilt, or told the County Solicitor anything about the alleged crime, or gave any testimony concerning his co-defendant. Pleas in
abatement must be clear and certain as to every material fact. They must leave nothing to be supplied by intendment.
