JOHN GLASGOW AND CONRAD MAURICE FARMER, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the conspiracy count's allegations were legally insufficient, but the bribery charges were properly supported.
Appellants were charged with conspiracy to commit bribery and bribery. The conspiracy count alleged an unlawful agreement to commit bribery. Appellant…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Scope Of Official Duties cases and more on FLexlaw
OWEN, Chief Judge.
Appellants were jointly charged with conspiracy to commit bribery, and additionally, appellant-Glasgow was charged with three offenses of bribery. On non-jury trial, appellants were found guilty on all charges and have appealed from the resulting judgments and sentences.
The count alleging the conspiracy consisted of a single sentence containing the following conclusionary allegation:
“. . . that [appellants] between the 6th day of February, A.D. 1972, and the 15th day of February, A.D. 1972, in the County and State aforesaid, did unlawfully agree, conspire, combine or confederate with each other to commit a felony, to-wit: Bribery upon one F. Wood, contrary to F.S. 833.04.”
It is our view that the allegations of this count were insufficient as a matter of law, State v. Smith, Fla. 1970, 240 So. 2d 807; State ex rel. Kelly v. Whisnant, Fla. 1955, 80 So. 2d 611, and therefore it was error to deny appellant’s motion to dismiss this count of the information.
We have considered the other two points raised by appellant-Glasgow and find them to be without merit. Specifically, as to Point III, it is clear that the conduct of the public official which appellant-Glasgow sought to influence was within the scope of the officer’s legal duties, i. e., his ongoing investigation of vice activities in Broward County, Florida. Nell v. State, Fla.1973, 277 So. 2d 1, upon which appellant relies, involved conduct outside the official capacity of the public officer to perform, and is thus readily distinguishable. The facts in the instant case are substantially similar to those found in Zal-la v. State, Fla.1952, 61 So. 2d 649, in which a conviction for bribery was affirmed.
The judgments and sentences as to appellants-Farmer and Glasgow on the charge of conspiracy to commit bribery are reversed. The judgments and sentences as to appellant-Glasgow on the charges of bribery are affirmed.
Affirmed in part; reversed in part.
CROSS and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Barnett, 344 So. 2d 863 (Fla. 2d DCA 1977)…mation which alleged that the defendants had conspired to commit grand larceny between April 1, 1965, and February 24, 1967, because there were no allegations that the conspiracy was of a continuing nature throughout the period. In Glasgow v. State, 292 So. 2d 370 (Fla.4th D.C.A.1974), an information charging a conspiracy to commit bribery between February 6, 1972, and February 15, 1972, was held insufficient as a matter of law. The common bookmaking scheme with which appellant is charged is somewhat akin to…
-
Cappetta v. State, 380 So. 2d 1303 (Fla. 3d DCA 1980)…that the conspiracy was continuing throughout that specified period or that the conspiracy commenced at the beginning of that period and was not accomplished until the end. See State v. Dayton, 215 So. 2d 87, 89 (Fla. 3d DCA 1968); Glasgow v. State, 292 So. 2d 370 (Fla. 4th DCA 1974); and State v. Barnett, 344 So. 2d 863 (Fla. 2d DCA 1977). See also Fla.R.Crim.P. 3.140(d)(3). The information in the case at bar fails to allege either that the conspiracy continued through the period of May 1st— May 29th or comm…
-
State v. Clayton, 353 So. 2d 944 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed on the authority of State v. Dayton, 215 So. 2d 87 (Fla.3d DCA 1968); Glasgow v. State, 292 So. 2d 370 (Fla.4th DCA 1974); State v. Barnett, 344 So. 2d 863 (Fla.2d DCA 1977).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Smith, 240 So. 2d 807 (Fla. 1970)
- Zalla v. State, 61 So.2d 649 (Fla. 1952)
- Nell v. State, 277 So. 2d 1 (Fla. 1973)
- State of Fla. ex rel. Thomas J. Kelly v. Whisnant, 80 So. 2d 611 (Fla. 1955)