Hall v. State

Citations

• 39 Fla. 637

Syllabus

<p>1. The words “hawkers” and “peddlers” are u=ed synonymously and interchangeably in the 11th subdivision of section 9, chapter 4322, acts of 1895.</p> <p>:2. The words “hawkers” and “peddlers,” in that clause of subdivision 11, section 9, chapter 4322, acts of 1895, reading “Hawkers and peddlers shall each pay for license tax $300,’’ include such persons as are ordinarily and popularly understood to be such, and the clause defining a peddler to be an “unlicensed traveling dealer who shall bargain or sell,” etc., was not intended to limit, define or restrain the meaning of the words “hawkers and peddlers,” but was intended to class as peddlers certain dealers not included within the popular and ordinary meaning of those words.</p> <p>•3. An indictment against one for carrying on the business of a hawker and peddler without license, who is not embraced within the popular and ordinary meaning of the words “hawkers and peddlers,” but is embraced within the statutory definition beginning “all unlicensed traveling dealers,” etc., in subdivision 11 of section 9, chapter 4322, acts of 1895, must follow the language of this definition; and an indictment in the ordinary or common law form for hawking and peddling without license, can not be sustained by proof of acts constituting one a peddler only by reason of the statutory definition, and which would not, independent of such statutory definition, constitute him a hawker and peddler within the ordinary and popular meaning of those terms.</p> <p>4. An indictment alleging that defendant, unlawfully, “on the 1st day of October, A. D. 1895, and thence continually until the finding of this indictment, did engage in, carry on and conduct the business of hawker and peddler, and did, during the times and on the days aforesaid, hawk and peddle at divers and sundry places in said county, sugar, rice, meat, butter, flour and lard, without first having obtained a State license so to do, contrary,” etc., is sufficient under section 10