IRVING DUKES
v.
STATE OF FLORIDA
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The court held that a defendant's citizenship in the state is irrelevant to a prosecution for withholding support from a minor child if the defendant was physically present in the state at the time.
The defendant was convicted for withholding support from his minor child. He moved to vacate the conviction, claiming he was not a citizen of the stat…
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Plaintiff in error was tried and convicted in Walton County for withholding the means of support from his minor child. Sentence was withheld until the next regular term of court on condition that he contribute two dollars per week to the support of his child. Failing to appear at the next term of court, his appearance bond was estreated and he was taken into custody by the sheriff.
He moved to vacate the verdict and dismiss the prosecution on the ground that he was not a citizen of this State. His motion was denied and he was sentenced to serve one year at hard labor in the state penitentiary. This appeal is from the judgment so imposed.
Section 5496, Revised General Statutes of 1920, Section 7654, Compiled General Laws of 1927, makes it a felony for a man “in this State” to withhold from •his wife or children the means of support. Appellant supports motion with an affidavit to the effect that he was never a citizen of this State but he does not say that he was not in the State at the time or that his child was not here. The punishment imposed does not depend on citizenship.
, Appellant did not testify at the trial to any of the allegations set up in his motion. Motions are not self supporting and will not be permitted to set aside a verdict and judgment secured in due course and no showing of fraud or double dealing is revealed.
The only other assault on the trial is directed to the validity of the order prescribing the conditions of the bond for support of the child but that question appears to have been raised for the first time in this court and will not be considered.
Affirmed.
*111Whitfield, Acting C. J., Chapman and Thomas, J. J., concurring.
Brown, C. J., absent, not participating.
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Steinhorst v. State, 412 So. 2d 332 (Fla. 1982)…an appellate court will not consider an issue unless it was presented to the lower court. State v. Jones, 377 So. 2d 1163 (Fla.1979); State v. Barber, 301 So. 2d 7 (Fla.1974); Silver v. State, 188 So. 2d 300 (Fla.1966); Dukes v. State, 3 So. 2d 754, 148 Fla. 109 (1941). Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal ground for the objection, exception, or motion below. Haager v. State, 83 Fla. 41, 90 So. 812, 813 (1922); Kelly v. State,…
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State of Fla. & the taxpayers v. Inter-American Ctr. Auth., 84 So. 2d 9 (Fla. 1955)…ation of the authority and the carrying out of its purposes is in all respects for the benefit of the people of this state and is a public purpose”. Saunders v. City of Jacksonville, 157 Fla. 240, 25 So. 2d 648; State v. Monroe County, 148 Fla. 111, 3 So. 2d 754, and State ex rel. Harper v. McDavid, 145 Fla. 605, 200 So. 100, 133 A.L.R. 360, uphold such findings. The doctrine of the foregoing cases is perhaps the best answer to this question. In other words, is the construction of an Inter-American Cultura…
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State v. Daytona Beach Racing & Recreational Facilities Dist., 89 So. 2d 34 (Fla. 1956)…rmined that public purpose would be served, we should not find to the contrary unless it be found the Legislature was not just and reasonable or was arbitrary. State v. City of Jacksonville, Fla., 53 So. 2d 306; State v. Monroe County, 148 Fla. 111, 3 So. 2d 754. This Court, in the recent case of State v. Inter-American Center Authority, Fla.1955, 84 So. 2d 9, decreed that construction of the Inter-American Cultural and Trade Center was a public purpose and that the imposition of taxes to pay for such was p…
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