Coe-Mortimer Co. v. State

Citations

• 81 Fla. 701
• 88 So. 475

Syllabus

<p>1. A writ of certiorari is not a writ of right.</p> <p>2. If upon an inspection of the transcript of the record sent up under a writ of certiorari issued hy this court, it appears that the County Court was without jurisdiction of the sub- ' ject matter or-of the defendant, or that the charge-as made constitutes no offense under the law, either because of the invalidity of the statute or because of the absence of essential allegations, or that the judgment or other proceeding of record had on the charge is not in accordance with the essential requirements of the law, the judgment of'affirmance by the Circuit Court will be quashed;- otherwise, the writ of certiorari will be quashed.</p> <p>3. In a penal proceeding the offense made punishable by the statute must clearly appear by - the' allegations of the information or by necessary inference from express allegations.</p> <p>4. The misrepresentation made an offense by Section 3726, Gen. Stats., 1906, Sec. 5711, Rev. Gen. Stats., 1920, is that which is made in connection, with a sale of the commercial fertilizers referred to in the statute, which misrepresentation appears on the “label or tag” that is required to be attached to the package containing the commercial fertilizer that is sold.</p> <p>5. Where an information in a criminal prosecution does not contain essential allegations to state the offense, and the defect is fatal, it can not be cured by evidence; and relief by certiorari may be appropriate in the absence of appellate procedure where the penalty is a fine against a corporation, the writ of habeas corpus not being available as in case of illegal deprivation of personal liberty.</p>