Hallbeck v. State

Citations

• 57 Fla. 15

Syllabus

<p>1. Section 3556 of the General Statutes of 1906, as amended by Section 1, Chapter 5690, page 203, Laws 1907, providing for the prosecution of those selling liquor in counties or precincts voting against such sale, is not unconstitutional because of the omission of the word “intoxicating” before the word “liquors” therein.</p> <p>2. An indictment in the form prescribed in Section 3968 of the General Satutes of 1906, charging the accused with carrying on the business of a dealer in liquors, need not allege in terms that the liquors were intoxicating.</p> <p>3. Prior to the adoption of Special Rule 6 on the 2nd day of March, 1903, Rule 103, adopted at the April Term, 1873, governed in the preparation of transcripts and bills of execeptions in criminal cases. Special Rule 6 gives the plaintiff in error in criminal and habeas corpus cases the option to have the transcript of the record and bill of exceptions made up, settled and certified, eithen in accordance with special Rules x, 2 and 3, adopted on the 2d day of March, 1903, or in compliance with such Rulé 103. ■ The respective modes of procedute must not be blended, but one or the other of such modes must be selected ■ and followed.</p> <p>4. It will not avail to single out isolated portions of a paragraph of a charge or instruction upon which to assign error, when, taken as a whole, the charge or instruction is found. to' be correct.</p> <p>5. Where it affirmatively appears that the term of the Circuit Court at which the defendant was tried and convicted was held in a certain designated county, the sentence or judgment of the court is not defective because it fails to specifically name the county in which the county jail is situated where the defendant was to be confined, in default of the payment of the fine imposed.</p>