EX PARTE SIMON WILSON
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Simon Wilson was convicted of illegally selling intoxicating liquors in Marion County, Florida after a December 1915 election prohibited such sales. Wilson petitioned for habeas corpus, but the Florida Supreme Court upheld his conviction after determining that the prohibition election was valid and therefore Wilson's sales were illegal.
Wilson's conviction is valid. Because the Florida Supreme Court upheld the validity of the December 7, 1915 election in the related case of Carn v. Moore, the prohibition on liquor sales in Marion County was properly in effect when Wilson made his sales, and his conviction was therefore proper.
“the sale of liquors, wine and beer was prohibited in Marion County from the date of such election, and the petitioner having been convicted of selling intoxicating liquors in Marion County since the date of the election, his conviction was proper”
The Court's holding that Wilson's conviction was valid because the prohibition election was effective and he sold liquor after its date.
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Join FLexlaw to unlock all legal intelligenceOn December 7, 1915, Marion County held an election to decide whether to prohibit the sale of intoxicating liquors, wines, and beer. The County Commis…
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Browne, C. J.
Prior to December 7, 1915, the County of Marion had voted in favor of the sale of intoxicating liquors, wines and beer. On the 7th of December, 1915, another election was held to decide whether their sale should be prohibited in that county, and on December 8th, the County Commissioners declared’that a majority of the voters had voted against such selling, and that such sales were therefore prohibited. On the 11th day of July, A. D. 1916, a bill in equity was filed in the Circuit Court for Marion County by John T. Moore asking to have the election declared null and void, and on April 20th, 1917, the Circuit Judge rendered his decree declaring the election illegal, null and void in toto as to all the inhabitants of the county, and an appeal was taken to this Court by the County Commissioners.
On May 28th, 1917, one Simon Wilson was tried and convicted of engaging in the sale of intoxicating liquors in Precinct No. 1, of Marion County, which had voted agairist such sales; whereupon he made application to this Court and obtained a writ of habeas corpus to test the validity of his conviction.
This Court having this day filed its decision in the case of Carn, et al. County Commissioners, etc., v. John T. Moore, reversing the decree of the lower court declaring the election of December 7th, 1915, null and void, it follows that the sale of liquors, wine and beer was prohibited in Marion County from the date of such election, and the petitioner having been convicted of selling intoxicating liquors in Marion County since the date of the election, his conviction was proper, and the writ will have to be dismissed and the prisoner remanded.
Taylor, Shackleford, Whitfield and Ellis, J. J., concur.
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First Nat'l Bank of Gainesville v. Gibbs, 78 Fla. 118 (Fla. 1919)…ecord discloses that a cause of action existed. “Upon a certiorari directed to the circuit court as an appellate court, this court will not question the correctness of the judgment of the circuit court upon its merits.” Benton v. State, 74 Fla. 30, 76 South. Rep. 341; Harrison v. Frink, 75 Fla. 22, 77 South. Rep. 663. “The Supreme Court has power to review and quash, on the common law writ of certiorari, the proceedings of inferior tribunals when they proceed in a cause without jurisdiction, or when their proce…1 / 2
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