Butler v. Sheriff

Citations

• 67 Fla. 405

Syllabus

<p>1. An allegation that an accused “being duly summoned to work on the L. and T. public road failed to work as required by statute, contrary to statute,” does not entirely fail to allege an offense under Chapter 6537 Acts of 1913, so as to make a conviction thereunder wholly without authority of law.</p> <p>2. A criminal charge is not fatally defective because it does not allege defensive matters that are not a part of the definition of the offense charged.</p> <p>3. While the title of an act is by the constitution required to briefly express the subject of the enactment, it need not state matters properly connected with such subject that are embraced in the body of the law; and the language used in expressing tbe subject of tbe enactment is within the legislative discretion.</p> <p>4. If the language of the title considered with reference to the legislative intent as shown by the purpose and object of the act, may by any fair intendment cover the subject of the act, the courts will not because of an asserted defective title refuse to give effect to any matter contained in the body of the enactment that is germain to or properly connected with the subject of the law, where the title is not so worded as to mislead an ordinary mind as to the real purpose and scope of the particular enactment.</p> <p>5. A wide latitude must of necessity be accorded the legislature in its enactments of law; and it must be a plain case of violating the requirements of the organic law as to titles of acts before the courts will nullify statutes or portions thereof as not being within the purpose and scope of the subject as expressed in the title and of “matter properly connected therewith.”</p> <p>G. If the title of an act fairly gives notice of the subject of the act so as to reasonably lead to an inquiry into the body thereof, it is all that is necessary. The title need not be an index to the contents of the act.</p> <p>7. The provisions of Sections 10, 11 and 12 of Chapter 6537 are wi