Haile v. Bullock

Citations

• 83 Fla. 538
• 91 So. 683

Syllabus

<p>Where upon a charge that the accused “did unlawfully have in his possession certain intoxicating liquor,” it appears from a duly authenticated hill of exceptions which is by statute made a part of the record, that the trial court instructed the jury as to the law under a State statute that has been modified and superseded by an Act of Congress having authority in the premises, and sustained a verdict of guilty predicated upon evidence obtained by an unlawful search and seizure by officers, and there was no evidence as to essential elements of the offense charged, and a judgment of conviction is affirmed by an intermediate appellate court, such judgment and its affirmance being the result of judicial proceedings that are contrary to the essential requirements of the law, and necessarily harmful to the accused, may be quashed upon writ of certiorari in appropriate proceedings duly taken for that purpose.</p>