STATE OF FLORIDA, APPELLANT,
v.
FRANK T. TRACEY, APPELLEE

Fla. | 1958-05-02
TERRELL, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
102 So. 2d 386 Florida Supreme Court (1958) Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment is affirmed on authority of Butler v. State of Michigan, 1957, 352 U.S. 380, 77 S.Ct. 524, 1 L.Ed.2d 412. The conclusion herein reached is not to be construed as reflecting adversely on the constitutionality of Section 847.01, Florida Statutes, F.S.A., as amended by Chapter 57-779 General Laws of Florida 1957 which was not here considered. See Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498.

TERRELL, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Tracey v. State, 130 So. 2d 605 (Fla. 1961)
    …O’CONNELL, Justice. This is the second appearance of the appellant before this Court in a criminal case involving obscene literature. See State v. Tracey, Fla.1958, 102 So. 2d 386. In the case presently before us the appellant, hereinafter referred to as defendant, appeals from a judgment and sentence of guilty imposed after trial, without a jury, on two informations charging violations of Sec. 847.01, F.S.1959, F.S.A. The…
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  • State of Fla. ex rel. John G. Matthews v. Culver, 114 So. 2d 796 (Fla. 1959)
    …s confined to the Florida State Prison at Raiford for violation of § 847.01, F.S.19SS, F.S.A. After his conviction and after his appeal thereon to this Court, wherein the conviction was sustained, this Court in the case of State v. Tracey, Fla.1958, 102 So. 2d 386, held the subject statute to be unconstitutional under the decision of the United States Supreme Court in Butler v. Michigan, 352 U.S. 380, 77 S.Ct. 524, 1 L.Ed.2d 412. It therefore appears that the petitioner is being unlawfully detained in that h…
  • City of Miami Beach v. Bennett, 16 Fla. Supp. 82 (Dade Cty. Cir. Ct. 1960)
    …S. Ct. 1304, 1 L. Ed. 2d 1498, is lacking. Further, the test used in the city ordinance as defining obscenity to be anything “tending to corrupt the morals of youth” has already been declared improper and unconstitutional in State v. Tracey (Fla.), 102 So. 2d 386; Matthews v. State (Fla.), 99 So. 2d 568; and Butler v. Michigan, 352 U.S. 380, 77 S. Ct. 524, 1 L. Ed. 2d 412. Also fatal is the requirement “scienter” in both the ordinance and in the testimony required to support the convictions. See Smith v. Ca…

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