CHARLES GIBSON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a perjury conviction, finding that the information and evidence were identical to a previously decided case where the conviction was also reversed. The court's decision was based on precedent established in a similar case.
Yes, the conviction is reversed because the information and evidence are identical to a prior case where the conviction was reversed.
“The plaintiff in error here, defendant below, was informed against, tried, convicted and sentenced for the crime of perjury in the Criminal Court of Record of Escambia county, and seeks reversal here by writ of error.”
Establishes the procedural posture and the crime for which the defendant was convicted.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error, the defendant below, was convicted of perjury in the Criminal Court of Record of Escambia county. The information and evidence…
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[*35] Taylor, C. J.
— The plaintiff in error here, defendant below, was informed against, tried, convicted and sentenced for the crime of perjury in the Criminal Court of Record of Escambia county, and seeks reversal here by writ of error. ,
We have at the present term disposed of the case of Julius Brown, plaintiff in error, against the State of Florida, reversing a conviction for perjury in the same court. The information in that case, and the evidence adduced therein are identical with the information and evidence in this, the only difference between the two records being that in that case the information was assailed by a motion to quash, and in this by motion in arrest of judgment. What is said in that case fully disposes of this. The judgment of the Criminal Court of Record of Escambia county in this cause, is, therefore, hereby reversed at the cost of the county of Escambia, and a new trial awarded.
Hocker and Cockrell, JJ., concur. Carter, P. J., Shackleford and Whitfield, JJ., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hall v. State, 136 Fla. 644 (Fla. 1939)…rectly that the testimony falsely deposed was material to some issue on trial, or else allege facts from which its' materiality will in law appear. Brown v. State, 47 Fla. 16, 36 So. 705; Tindall v. State, 99 Fla. 1132, 128 So. 494; Gibson v. State, 47 Fla. 34, 36 So. 706; Annotation in 80 A. L. R. 1443. We are of the opinion that, under this rule, the materiality of the false statements was sufficiently alleged. The information was also attacked by motion to quash on the ground that it does not expressl…
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Will Tindall v. State, 99 Fla. 1132 (Fla. 1930)…e the fact sworn to need not be material to the main issue, but if it be conducive to the point in issue or a guide to the court or jury, even though circumstantial, it is perjury. See also Brown v. State, 47 Fla. 16, 36 So. R. 705; Gibson v. State, 47 Fla. 34, 36 So. R. 706. In the case of Brown v. State, supra, it was held: “An information or indictment for perjury should either affirmatively allege, or show from other averments, that the false testimony was material to the issue upon the trial of whi…
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State v. Fabian, 97 So. 2d 178 (Fla. 2d DCA 1957)…irectly that the testimony falsely deposed was material to some issue on trial, or else allege facts from which its materiality will in law appear. Brown v. State, 47 Fla. 16, 36 So. 705; Tindall v. State, 99 Fla. 1132, 128 So. 494; Gibson v. State, 47 Fla. 34, 36 So. 706; Annotation in 80 A.L.R. 1443. We are of the opinion that, under this rule, the materiality of the false statements was sufficiently alleged.” Section 923.03, Florida Statutes, 1955, F.S.A., contains a number of suggested indictments an…