ROY GILCHRIST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court reversed a conviction for possessing more than one gallon of moonshine whiskey because the statute under which the defendant was charged was declared unconstitutional by the Florida Supreme Court after the conviction.
No, a conviction and sentence based on a statute that is later declared unconstitutional cannot be sustained.
“Since the trial of this case and the entry of the judgment and sentence from which this appeal is taken, the Supreme Court of Florida has declared Section 562.451(4), F.S., 1955, F.S.A., invalid.”
Establishes the critical intervening legal development that rendered the conviction invalid.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted and sentenced for violating a Florida statute that prohibited owning or possessing more than one gallon of moonshine whisk…
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This is an appeal from a conviction and sentence of appellant on an information charging a violation of Section 562.451(4), F.S., 1955, F.S.A. The information charged that appellant:
“did then and there unlawfully and feloniously own or possess more than one (1) gallon of alcholic beverage commonly known as ‘moonshine whiskey”
Since the trial of this case and the entry of the judgment and sentence from which this appeal is taken, the Supreme Court of Florida has declared Section 562.451(4), F.S., 1955, F.S.A., invalid.1
The information under which appellant was tried and convicted is void and the judgment of conviction and sentence based thereon cannot be sustained. See Byrd v. State, Fla.App.1959, 110 So.2d 52; Linton v. State, Fla.App.1959, 109 So.2d 786.
The judgment and sentence appealed from are reversed and the cause is .remanded with directions to set aside said judgment and sentence and to quash the information.
KANNER, C. J., and SHANNON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Altman, 106 So. 2d 401 (Fla. 1958)
- Byrd v. State, 110 So. 2d 52 (Fla. 1st DCA 1959)
- Lottie Linton v. State, 109 So. 2d 786 (Fla. 2d DCA 1959)