Bueno v. State

Citations

• 40 Fla. 160

Syllabus

<p>1. A conviction in the municipal court of a city based upon a city ordinance creating an offense against the city is no bar to a State prosecution for the same acts which under a State statute constitute an offense against the State.</p> <p>2. Where an information charges only one offense, but in its several counts charges that offense to have been committed in different ways or by different methods, and there is a general verdict of guilty followed by a general sentence within the limits prescribed for the offense, any error in refusing to quash particular bad counts in the information is harmless, where the information contains good counts which are fully sustained by the evidence.</p> <p>3. A count charging that defendant, in Monroe county on August ■21, 1897, “unlawfully and feloniously did set up and promote a certain lottery, which said lottery was then and there for money, and which said lottery is commonly known as ‘bolito,’ a more particular description of which said lottery is to the solicitor aforesaid unknown,” and another in the same language except the words “and promote” are omitted, are good under Section 1, Chapter 4373, Acts of 1895.</p> <p>4. Counts in an information framed under Section 1, Chapter 4373, Acts of 1895, charging that defendant in a specified county, at a specified time, “unlawfully and feloniously did sell to one Jeremiah Cleare a certain lottery ticket,” and ‘“unlawfully and feloniously did sell to Jeremiah Cleare a fractional part of a lottery ticket,” and “unlawfully and feloniously did sell to Jeremiah Cleare a share in a lottery ticket,” are sufficient without designating the particular lottery ticket, or specifying the fractional part or share in the lottery ticket alleged to have been sold.</p> <p>5. -Instructions that are not applicable to any eivdence in the case are properly refused.</p> <p>6. Slips of paper stamped by the seller and sold at five cents each to purchasers who number them with certain numbers selected by