JOHN RANDOLPH HOOD
v.
STATE OF FLORIDA

Fla. | 1943-05-04
BROWN, THOMAS, ADAMS and SEBRING, JJ., concur., CHAPMAN, J., concurs specially., TERRELL, J., dissents.
152 Fla. 852 Florida Supreme Court (1943) Positive Treatment
Also reported at: 13 So. 2d 463
Cited by 5 cases
Opinion of the Court
BUFORD, C. J.:

BUFORD, C. J.:

The record in this case presents a question identical with those presented and adjudicated in the case of A. C. Brown v. State, in which opinion is this day filed and on authority of *853the opinion and judgment in that case the judgment herein is reversed.

So ordered.

BROWN, THOMAS, ADAMS and SEBRING, JJ., concur.

CHAPMAN, J., concurs specially.

TERRELL, J., dissents.

CHAPMAN, J.,

concurring specially:

I agree to a reversal of the judgment because the punishment imposed is cruel and unusual and the penalty prescribed by the Act is in derogation of the provisions of Section 8 of the Declaration of Rights of the Constitution of Florida.

Concurrence
CHAPMAN, J.,

CHAPMAN, J.,

concurring specially:

I agree to a reversal of the judgment because the punishment imposed is cruel and unusual and the penalty prescribed by the Act is in derogation of the provisions of Section 8 of the Declaration of Rights of the Constitution of Florida.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sellers v. Bridges, 153 Fla. 586 (Fla. 1943)
    …ed did not state an offense against law, his detention and restraint were illegal. This Court has heretofore held that moonshine whiskey is not a liquor for and in respect whereof a tax is imposed by the Beverage Act of Florida. See Brown v. State, 152 Fla. 852, 13 So. (2nd) 458. The information to which petitioner entered his plea of guilty failed, therefore, to charge any offense against the laws of Florida. A judgment founded upon such void charge is without legal foundation, and is insufficient upon wh…
  • LE Prell v. State, 124 So. 2d 18 (Fla. 1st DCA 1960)
    …consistently held that a sentence imposed within the statutory limits is not reviewable as excessive. Green v. State, 121 Fla. 307, 163 So. 712; Henson v. State, 140 Fla. 412, 192 So. 163; Brown v. State, 152 Fla. 853, 13 So. 2d 458; Hood v. State, 152 Fla. 852, 13 So. 2d 463; Stanford v. State, Fla., 110 So. 2d 1; Chavigny v. State, Fla.App., 112 So. 2d 910. Certiorari denied. WIGGINTON, C. J., and CARROLL, DONALD K., J., concur.…

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