ATLANTIC COAST LINE RAILROAD CO.
v.
P. O. BRABHAM
ATLANTIC COAST LINE RAILROAD CO.
P. O. BRABHAM
112 Fla. 361
Florida Supreme Court (1933)
Positive Treatment
Also reported at: 150 So. 604
Cited by 2 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment-of the Circuit Court be, and the. same is hereby affirmed.
Davis, C. J., and Whitfield and Buford, J. J., concur.
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Baker v. State, 150 So. 2d 729 (Fla. 3d DCA 1963)…sentence will be reversed upon the established principle that illegally obtained evidence by virtue of a defective search warrant may not be used to secure a conviction. See Cooper v. State, 106 Fla. 254, 143 So. 217; Hogan v. Carlton, 112 Fla. 442, 150 So. 604; 13 Fla.Jur., Evidence, § 180. Even though the judge who issued the search warrant may have been justified in issuing the warrant upon the affidavit, at the time it was called to the attention of the trial court [both in the motion to quash and supp…