Branch v. State

Citations

• 76 Fla. 558

Syllabus

<p>1. The question of whether a Bill of Particulars shall be furnished to a defendant upon request by him, or in his behalf, rests largely in the discretion of the Trial Court.</p> <p>2. The propriety of a motion to strike any item from a Bill of Particulars questioned.</p> <p>3. Where there is no misjoinder of offenses in an information, whether the prosecutor will be required to elect upon which of several counts contained therein he will try the accused is within the sound discretion of the Trial Court.</p> <p>4. Under the law (Sections 28, 33 and. 40, Chapter 5596, Acts of 1907, Laws of Florida), Tax Collectors of the Counties of this State are required to make remittances of State taxes eolletced by them to the State Treasurer and the original official receipts of the State Treasurer for amounts so received by him filed with the State Comptroller, so that credit therefor may be given to the Tax Collector making such remittances and a correct account kept by the State Comptroller with him, are admissable in evidence in a prosecution of such Tax Collector upon a charge of embezzlement of such taxes by such Tax Collector when such original receipts are produced by the State Comptroller and identified by him as such.</p> <p>5. Under the law (Section 40, Chapter 5596, Acts of 1907, Laws of Florida) Tax Collectors of the Counties of this State are required to make monthfy reports or “returns,” under oath, of State and County taxes collected by them and such original reports or “returns” so made are admissible in evidence in a prosecution' of the Tax Collector making them upon a charge of embezzlement of such taxes by such Tax Collector when such reports or returns are produced by the State Comptroller and identified by him as such.</p> <p>6. Copies certified by the State Comptroller under his official seal to be true and correct, of the books of account kept in the office of the State Comptroller with the Tax Collectors of the Counties of this State showing the amoun