MARVIN REYNOLDS, APPELLANT,
v.
ALGER-SULLIVAN LUMBER COMPANY, A CORPORATION, APPELLEE

Fla. | 1954-11-30
ROBERTS, C. J., and HOBSON, DREW and BARNS, JJ., concur.
76 So. 2d 137 Florida Supreme Court (1954) Negative Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The central issue submitted to, and resolved by, the jury in this case, upon conflicting evidence, .was the location of a government section corner. The record provided no basis for a charge pertaining to a “boundary by acquiescence” and the trial court therefore did not err in refusing the charge taken from Shaw v. Williams, Fla., 50 So. 2d. 125, which had no application to the case at bar. The ruling on the charge actually given was not assigned. as error. See City of Coral Gables v. State ex rel. Hassenteufel, Fla., 38 So. 2d 467.

Affirmed.

ROBERTS, C. J., and HOBSON, DREW and BARNS, JJ., concur.


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  • Buchanan v. State of Fla. & Nathan Mayo, 111 So. 2d 51 (Fla. 1st DCA 1959)
    …y sentence. . In his petition for writ of habeas corpus the appellant contended that the sentence imposed in the judgment of the Circuit Court for Marion County was invalid under the decision of the Florida Supreme Court in Copeland v. State, Fla., 76 So. 2d 137; that Sections 801.02 and 801.03, Florida Statutes, F.S.A., under which the sentence was imposed, was unconstitutional; that the act charged in the third count was a mere continuation of the act charged in the first count, of which the appellant was…
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    …blish at length those criminal statutes that it amends by increasing the maximum sentences as required by the constitution of the State of Florida, Section 16, Article 3 * * * ” Appellant relies heavily upon our decision in Copeland v. State, Fla., 76 So. 2d 137, in which we held that “ * * * as applied to rape and the penalty therefor, Chapter 281S8, Laws of Florida 1953 [Ch. 801, F.S.] violates Section 16, Article III of the State Constitution, and is void and of no effect.” (at 142) Our opinion in Cope…
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