WEINSTEIN, ADMINISTRATRIX, ET AL.

v.

UNITED STATES

Citator

Cited By (15 total)

• Dirk, 305 So. 2d 187 (Fla. 1974)
  …State, 196 So. 2d 217 (Fla.App.1967), upholding the validity of this statute against constitutional attacks as those now presented by appellant. Shargaa v. State, 84 So. 2d 42 (Fla.1955); Ennis v. State, 95 So. 2d 20 (Fla.1957), cert. [*188] denied, 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74. See also, McQuagge v. State, 80 Fla. 768, 87 So. 60 (1920); United States v. Frazier, 444 F. 2d 235 (5th Cir. 1971); State v. Medlin, 273 So. 2d 394 (Fla.1973); State v. Kahler, 232 So. 2d 166 (Fla.1970) ; Jefferson ex r…
• Snyder v. State, 196 So. 2d 217 (Fla. 2d DCA 1967)
  …hould be granted. Throughout the proceedings in the lower courts petitioner has contended that the statute under which he was convicted (Fla.Stat., Sec. 832.0J5, F.S.A.) is unconstitutional. In Ennis v. State, Fla. 1957, 95 So. 2d 20, cert. denied, 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74, this statute was impliedly [*219] held to be constitutional by the Florida Supreme Court. The opinion contains an excellent discussion of statutes of other states which are substantially the same as Fla. Stat., Sec. 832.…
• Isham W. Adams, Jr. v. State, 356 So. 2d 346 (Fla. 1st DCA 1978)
  …iler v. State, 337 So. 2d 415 (Fla. 4th DCA 1976); Berry v. State, 345 So. 2d 828 (Fla. 4th DCA 1977). We believe, to the contrary, that the Supreme Court silently retracted the Anderson dictum in Ennis v. State, 95 So. 2d 20 (Fla.1957), cert. den., 355 U.S. 868, 78 S.Ct. 117, 2 L.Ed.2d 74 (1957) and held, as did State v. Yarboro, 194 N.C. 498, 140 S.E. 216 (1927) and State v. Avery, 111 Kan. 588, 207 P. 838 (1922) under comparable statutes, that a conviction under Section 832.05 may be had absent proof of…

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