WILLIAM A. VANNOY, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a conviction because the information charging the offense was legally insufficient. The court found the charging document failed to adequately describe the allegedly obscene material.
No, the information was legally insufficient because it failed to describe the printed paper containing obscene prints, figures, and pictures with the required specificity.
“It does not set out the “printed paper containing obscene prints, figures and pictures,” by any certain description, or give any excuse for failure to do so.”
identifies the deficiency in the charging document.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was charged via information with an offense under Section 5438 of the Revised General Statutes. The information did not provide…
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Per Curiam.
The information in this case attempted to charge an offense under Sec. 5438, Revised General Statutes. It does not set out the “printed paper containing obscene prints, figures and pictures,” by any certain description, or give any excuse for failure to do so. This ease must be reversed upon the authority of the case of Reyes v. The State, 34 Fla. 181, 15 So. 875, cited with approval in the la$f paragraph of the opinion in the case of Smith v. Chase, 91 Fla. 1044, 109 So. 94. The indictment in this case is practically identical in its language with the indict ment held bad, on motion in arrest of judgment, in the case of Reyes v. The State, above cited.
Reversed.
Ellis, C. J., and Strum and Brown, J. J., concur. Whitfield, P. J., and Terrell and Buford, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 351 So. 2d 10 (Fla. 1977)…ormation was legally insufficient. The information tracked the language of the statutes and specifically named the publications involved in the prosecution. This was sufficient to put appellant on notice and prevent double jeopardy. Vannoy v. State, 94 Fla. 1175, 115 So. 510 (1928). We also reject the argument that the prosecutor improperly elicited testimony indicating that the magazines were within the reach of children. The location of the magazines was relevant to scienter and any possible prejudice re…
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Kittleson v. State, 152 Fla. 242 (Fla. 1942)…ts and informations thereunder should be governed by the same legal principles and when such principles are applied to this information it must be held void because it charges no offense. See Reyes v. State, 34 Fla. 181, 15 So. 875; Vannoy v. State, 94 Fla. 1175, 115 So. 510. See also Dameron v. State, 8 Mo. 494; U. S. v. Carll, 105 U. S. 611, 26 L. Ed. 1135 and Newmann v. State, 116 Fla. 98, 156 So. 237. As the information charges no offense, the judgment must be reversed and the cause remanded for furthe…
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Simpson v. State, 129 Fla. 127 (Fla. 1937)…t is entitled to be informed of the nature and cause of the accusation against him. Section 11, Declaration of Rights, of Constitution. Reyes v. State, 34 Fla. 181, 15 South. Rep. 875; Smith v. Chase, 91 Fla. 1044, 109 Sou. Rep. 94; Vannoy v. State, 94 Fla. 1175, 115 South. Rep. 510; Smith v. McClelland, 99 . Fla. 362, 126 South. Rep. 292. The above authorities hold to the doctrine that unless the information or indictment charge the accused with the offense clearly and sufficiently so that he may know the…
Authorities Cited
- Reed v. Arena B. Hahn, 91 Fla. 1044 (Fla. 1926)
- Reyes v. State, 34 Fla. 181 (Fla. 1894)