RAYMOND MATHIEU, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1931-04-04
Buford, C.J., and Whitfield and Brown, J. J., and Hutchison, Circuit Judge, concur., Ellis and Terrell, J.J., dissent., Davis, J., disqualified.
101 Fla. 94 Florida Supreme Court (1931) Negative Treatment
Also reported at: 133 So. 550 · 101 Fla. 1322
Cited by 47 cases
Opinion of the Court
Per Curiam.

Per Curiam.

In this case the State relied largely upon, alleged confessions of the accused for a conviction. Without such alleged confessions the proof would be entirely inadequate to sustain a verdict. Upon careful consideration of all evidence in this case we are convinced that the alleged confessions were obtained by unlawful methods commonly known as the third degree; that they were not freely and voluntarily made and should have been excluded. For this reason, the judgment should be reversed upon authority of the opinion in the case of Deiterle vs. State, 98 Fla. 739, 124 Sou. 47. It is so ordered.

Reversed.

Buford, C.J., and Whitfield and Brown, J. J., and Hutchison, Circuit Judge, concur.

*95Ellis and Terrell, J.J., dissent.

Davis, J., disqualified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (13 total)

  • Melvee Tucker v. State, 459 So. 2d 306 (Fla. 1984)
    …etermine whether it is in the best interests of justice to continue to define the allegation of venue to be a “fundamental defect which renders the indictment void.” Black relies primarily on a decision of this Court, Rimes v. State, 101 Fla. 1322, 133 So. 550 (1931). In Rimes, the defendant had been charged with desertion of and failure to support his wife and child. The indictment had failed to specify in what county the alleged crimes had occurred. The Court, in holding the defect to be “one of substan…
  • State v. Theron Black, 385 So. 2d 1372 (Fla. 1980)
    …rticulars, the defendant is not hindered in the preparation or presentation of his defense, and the situs of- the crime is proven at trial? 360 So. 2d at 142-43. The district court followed the precedent of this Court established in Rimes v. State, 101 Fla. 1322, 133 So. 550 (1931) answering in the affirmative; but urged us to reevaluate the principle enunciated in Rimes in light of changing circumstances in the law of criminal procedure. Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). Petitioner, defendant b…
  • In re Florida Rules of Criminal Procedure, 196 So. 2d 124 (Fla. 1967)
    …name is used the necessity therefor should be indicated by allegation. (3) Time and Place. — This provision is consistent with present Florida law. (See Morgan v. State, 51 Fla. 76, 40 So. 828 (1906) as to “Time”; see Rimes v. State, 101 Fla. 1322, 133 So. 550 (1931) as to “Place”) The provision is patterned after sec. 111-3(4) of the 1963 Illinois Code of Criminal Procedure. [*139] (4) Joinder of Offenses. — The essence of this proposal is presently found in sec. 906.25 FS and Federal Rule 8(a), and in s…

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