HARLAN BLACKBURN
v.
STATE OF FLORIDA
HARLAN BLACKBURN
STATE OF FLORIDA
152 Fla. 292
Florida Supreme Court (1943)
Caution
Also reported at: 10 So. 2d 906
Cited by 6 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that thére is no error in the said judgment; it is; therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Affirmed.
BUFORD, C. J„ WHITFIELD, CHAPMAN, THOMAS and ADAMS, JJ., concur.
BROWN and TERRELL, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 152 Fla. 853 (Fla. 1943)…been directed to his attention prior to the trial of the case. The Criminal Code (c. 19554, Acts of 1939) requires that motions to quash shall be heard before the [*857] filing of a plea to the information.” See also Craton v. Sinclair, as Sheriff, 152 Fla. 292, 11 So. (2nd) 475. In that case the infirmity of the information was brought to the attention of the court in the motion for a new trial, while in the instant case the question appears by the record never to have been presented to the trial court a…
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Petersen v. Mayo, 65 So. 2d 48 (Fla. 1953)…y fails to charge . any crime or offense under the laws of the State of Florida. See Locklin v. Pridgeon, 158 Fla. 737, 30 So. 2d 102; Ex parte Stirrup, 155 Fla. 173, 19 So. 2d 712; Ritter v. Sinclair, 154 Fla. 272, 17 So. 2d 97; Craton v. Sinclair, 152 Fla. 292, 11 So. 2d 475. The sufficiency of the evidence would-be a-proper subject to be reviewed on appeal but not on habeas corpus in this [*49] Court. Atkinson v. Powledge, 123 Fla. 389, 167 So. 4. The information in this case contained two paragraphs a…
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Stack v. State of Fla. ex rel. Pat LaFRATTA & Tom Fury, 230 So. 2d 15 (Fla. 4th DCA 1969)…ctive habeas corpus as here employed will not effect a discharge if the charge might have been amended or refiled. This distinction is to be found in erroneous proceedings as against proceeding without authority of law. See Craton v. Sinclair, 1943, 152 Fla. 292, 11 So. 2d 475. We have considered as counsel requested the case of Dallas v. Wainwright, Fla. 1965, 175 So. 2d 785. It is irrelevant here because the sentence passed was not within the limit authorized by law. We conclude by a quote from an opini…