Cook v. State

Citations

• 25 Fla. 698

Syllabus

<p>1. In a prosecution for a violation of the Local Option Statute, entitled “An act to provide for the proper enforcement of the provisions of Article XIX of the Constitution of 1885, Chapter 3700, Laws of Florida,” approved June 2, 1887, it was necessary for the indictment to allege that the election to decide whether the sale of liquors, wines or beer should be prohibited in Franklin county, was held in pursuance to the provisions of said statute, or to state facts and circumstances sufficient to show that said election was held in pursuance to the provisions of the statute, and the indictment failing to show either, it is fatally defective.</p> <p>2. The indictment alleges that the election in Franklin County “was held in the manner prescribed by law,” which means that the election was held and conducted under the general election laws of the State, as required by the provisions of the Local Option Statute, but this allegation does not show, nor does it tend to show, that said eleclion was held pursuant to the provisions of the Local Option Statute.</p> <p>3. All indictments upon statutes must state the circumstances which constitute the definition of the offence in the act, so as to bring the defendant precisely within it, and a conclusion “whereby, by force and effect of the statute in such case made and provided, he, the said John Cook, is deemed to have committed a misdemeanor, against the form of the statute in such case made and provided,” will not aid a defect in this respect.</p>