Cox v. State

Citations

• 63 Fla. 12

Syllabus

<p>1. Where an indictment contains several distinct and separate counts, a verdict of guilty specifically confined to one count, is in law an implied acquittal of the offenses charged in the other counts.</p> <p>2. Where there is a Criminal Court of Record in a county, the Circuit Court of that county has no trial jurisdiction of an indictment or a count of an indictment charging an offense not capital, or to render a judgment or sentence of conviction predicated upon an indictment or count charging an oft'ensé not capital.</p> <p>3. Where on a trial in the Circuit Court upon an .indictment containing three counts, one of which counts charges an offense not capital, and a verdict of guilty is returned only as to the count that charges an offense not capital, the verdict operates as an acquittal on the other counts, and a sentence rendered upon such verdict will be reversed, when there is a Criminal Court of Record in the county, since the latter court alone would havk jurisdiction to try “criminal cases not capital which shall arise in” the county.</p> <p>4. Section 3192, General Statutes of 1906, should be construed with reference to the constitutional jurisdiction of courts.</p>