Barton v. State

Citations

• 43 Fla. 477

Syllabus

<p>■Criminal law — Violation of prohibition laws — Liquor election, collateral attack on criminal trial — Canvassing board in liquor election.</p> <p>1. Under section 861 Revised Statutes the board of county commissioners is the body authorized to canvass the vote and declare the result of elections held to determine whether the sale of spirituous, vinous and malt liquors shall be prohibited in any county; and such board of county commissioners constitute “the county canvassing board” referred to in section 1 of Chapter 4552 laws of 4897, that provides that: “in all prosecutions by the State for the unlawful sale of intoxicating liquors, wines or beer contrary to prohibition regulations, the introduction of a copy of the record of the result of the canvass of the returns of the election as made by the county canvassing board and recorded in the minutes of the proceedings of the board of county commissioners, duly certified to by the Clerk of the Circuit Court for such county in which an election shall have been held, shall be taken as prima facie evidence that such election was legally called, conducted and holden.”</p> <p>2. When on the trial of a party indicted or informed against for unlawfully selling intoxicating liquors in a county where such sale has been prohibited by an election held, the prosecution introduces in evidence a duly certified copy of the record of the result of the canvass of the returns of such election, as made by the board of county commissioners and recorded in the minutes of their proceedings, as provided for by section one of Chapter 4552 laws of 1897, the introduction of such certified copy, though declared to be only prima lfacie evidence of the fact that such • election was legally called, conducted and holden, does not give to the accused the right in his trial for the crime to contest such election-for mere irregularities in its conduct.</p> <p>3. The statute makes it a crime to sell intoxicating liquors in counties “which have vote