Harris v. State, (1948)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: THOMAS, C. J.:
Attorneys: Jones, Latham McLane, for appellant.
J. Tom Watson, Attorney General, Ernest W. Welch, Assistant Attorney General, and Lucille Snowden, Special Assistant Attorney General, for appellee.
Filed: Jul. 23, 1948
Latest Update: Mar. 02, 2020
Summary: The information under attack in this appeal charged that the defendant, now appellant, unlawfully removed, deposited, and concealed a quantity of intoxicating beverage containing more than 3.2 per cent of alcohol by weight "in respect whereof a tax would be imposed if such beverage were manufactured in accordance with the regulatory provisions of the *Page 721 Beverage Laws of the State of Florida, and on which tax was not paid, with intent then and there to defraud the State of Florida of said
Summary: The information under attack in this appeal charged that the defendant, now appellant, unlawfully removed, deposited, and concealed a quantity of intoxicating beverage containing more than 3.2 per cent of alcohol by weight "in respect whereof a tax would be imposed if such beverage were manufactured in accordance with the regulatory provisions of the *Page 721 Beverage Laws of the State of Florida, and on which tax was not paid, with intent then and there to defraud the State of Florida of said t..
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I agree with Mr. Justice ADAMS but assign different reasons for my conclusion. It is quite true that the judgment is sustained by Section 562.32 F.S.A. I think the penalty of the statute runs counter to Section 8 of the Declaration of Rights of the Constitution of Florida in that it is not only unjust and unreasonable but constitutes cruel and unusual punishment. Sending this appellant to prison for one year for this offense simply does not square with my conception and standards of Justice.
Source: CourtListener
