C. FERLITA, PLAINTIFF IN ERROR,
v.
J. S. JONES, CHIEF OF POLICE, CITY OF TAMPA, DEFENDANT IN ERROR
Per Curiam.
This is a writ of error to a judgment of the Circuit Court of Hillsborough county, remanding to custody the petitioner in a habeas corpus proceeding, instituted to test the validity of a conviction in the municipal court of Tampa, under an ordinance alleged to be in contravention of the Federal Constitution.
The transcript of the record, however, does not present the ordinance for our inspection and it is therefore made impossible for us to determine affirmatively that error has been committed, the judgment must be affirmed. See Freeman v. State, 19 Fla. 552.
Shackleford, C. J., and Cockrell and Whitfield, JJ., concur. Taylor, P. J., and Hocker and Parkhill, JJ., concur in the opinion.
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State v. Holmes, 256 So. 2d 32 (Fla. 2d DCA 1971)…Violation, 1959 Wis.L.Rev. 347; Note, Interference with the Right to Free Movement: Stopping and Search of Vehicles, 1963, 51 Calif.L.Rev. 907, 921 et seq. .See, e. g., State ex rel. Donnelly v. Teasdale, 1885, 21 Fla. 652; Ferlita v. Jones, 1905, 50 Fla. 218, 39 So. 593; Stephens v. Anderson, 1918, 75 Fla. 575, 79 So. 205; City of Miami v. Thigpen, 1943, 151 Fla. 800, II So. 2d 300; Conrad v. Jackson, Fla.1959, 107 So. 2d 369; Wilkins v. Tebbetts, Fla.App.3d 1968, 216 So. 2d 477; Town of Medley v. Capla…
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Holmes v. State, 273 So. 2d 753 (Fla. 1972)…cord on appeal, reasoning that “We cannot take judicial cognizance of a municipal ordinance.” State ex rel. Kay v. City of Miami, 158 Fla. 26, 27 So. 2d 413 (1946). See also State ex rel. Donnelly v. Teasdale, 21 Fla. 652 (1855); Ferlita v. Jones, 50 Fla. 218, 39 So. 593 (1905); Stephens v. An [*754] derson, 75 Fla. 575, 577, 79 So. 205 (1918); City of Miami v. Thigpen, 151 Fla. 800, 11 So. 2d 300 (1943); and Miami Shores Village v. Bessemer Properties, 54 So. 2d 108 (Fla.1951). The application of Freema…
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Stephens v. Anderson, 75 Fla. 575 (Fla. 1918)…ined in the record. This court does not take judiical notice of city ordinances. It cannot therefore determine affirmatively that error has been committed by the Court of Record, and the judgment must be affirmed. Ferlita v. Jones, Chief of Police, 50 Fla. 218, 39 South. Rep. 593; Freeman v. State, 19 Fla. 552; State ex rel. Donnelly v. Teasdale, 21 Fla. 652. [*577] The judgment is affirmed. Browne, C. J., and Taylor,. Whitfield and West, J. J., concur.…
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- Eli Freeman v. State, 19 Fla. 552 (Fla. 1882)