STATE OF FLORIDA EX REL. HUGH MACMILLAN, PETITIONER,
v.
JAMES A. JOHNSON, RESPONDENT
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The court held that the appellate decision, which quashed an embezzlement charge based on immunity, was consistent with prior case law and did not preclude prosecution for other offenses like perjury.
Relator was granted immunity from prosecution for embezzlement after being interrogated under subpoena by a grand jury investigating school lunch prog…
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The petition for writ of certiorari asserted conflict between the decision of the appellate court in this cause, State ex rel. Johnson v. MacMillan, 194 So.2d 627, and earlier cases: Gordon v. State, Fla.1958, 104 So.2d 524; State ex rel. Reynolds v. Newell, Fla.1958, 102 So.2d 613; State ex rel. Marcus v. Pearson, Fla.1953, 68 So.2d 400; Kelly v. State, Fla.1956, 92 So.2d 172; Martin v. Karel, 1932, 106 Fla. 363, 143 So. 317; Smith v. State, 1927, 93 Fla. 238, 112 So. 70.
The court in this case held that an information stating an embezzlement charge against relator should be quashed because of immunity1 based on his interrogation under subpoena before a grand jury and state’s attorney investigating larceny and misappropriations in the school lunch program of the Hillsborough County School System. The opinion stated that relator “was immunized from any prosecution by reason of the Florida laws.” We conclude that the quoted language, in context, necessarily has reference only to prosecutions for the matters about which interrogation was conducted. The decision accordingly does not preclude prosecution for offenses such as perjury, an issue not before the court, and is in our opinion consistent with the cited cases.
The writ of certiorari issued herein is therefore quashed.
CALDWELL, C. J., DREW, THOR-NAL and ERVIN, JJ., and WHITE, Circuit Judge (Retired), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gordon v. State, 104 So. 2d 524 (Fla. 1958)
- Atl. Coast Line R.R. Co. v. Fla. Fine Fruit Co., 93 Fla. 171 (Fla. 1927)
- Smith v. State, 93 Fla. 238 (Fla. 1927)
- Martin v. Karel, 106 Fla. 363 (Fla. 1932)
- State of Fla. ex rel. Charles G. Reynolds v. Newell, 102 So. 2d 613 (Fla. 1958)
- Kelly v. The State of Fla. ex rel. Frank K. Leonard & R. R. Russell, 92 So. 2d 172 (Fla. 1956)
- State ex rel. Marcus v. Pearson, 68 So. 2d 400 (Fla. 1953)
- State of Fla. ex rel. James A. Johnson v. Honorable Hugh MacMILLAN, 194 So. 2d 627 (Fla. 2d DCA 1967)
- Peterson v. Wheelus, 194 So. 2d 627 (Fla. 4th DCA 1967)