Harper v. Galloway

Citations

• 58 Fla. 255

Syllabus

<p>1. Where a person is held in custody under a judgment of conviction, and the judgment is assailed on the ground that it is not merely erroneous but void because it is based on a charge made under an invalid provision of a -statute, and the charge constitutes no offense under the laws of the State, the validity of the statutory provision defining the offense may be determined' in habeas corpus proceedings; and if the statute is invalid and the charge constitutes no offense under the laws of the State, the petitioner May be discharged from custody under the charge.</p> <p>2. If a duly enacted statute contains provisions that are invalid because in conflict with organic law, and such invalid portions may be severed, and the remainder of the statute may then be made effective for the purpose designed, and will not cause results not intended by the legislature, and it does not appear that the statute would not have been enacted without the invalid portions, the invalid .portions of the Act should be disregarded and the valid portions enforced if it can be done to effectuate the legislative intent.</p> <p>3. Under the Common Law of England, the title to animals ferae naturae or game is in the sovereign for the use and benefit of the people, the killing ;o.r taking and use of the game being subject to governmental control and regulation for the general good.</p> <p>4. The power to control and' regulate the killing and use of game was vested in the colonial governments of America and passed with the title to game in its natural condition to the several States as they became sovereigns, for the use and benefit of all the people of the -States respectively, subject to any provision of the Federal constitution that may be applicable to such control and regulation.</p> <p>5. The constitution of the State does not forbid the passage of special or local laws upon the subject of game, and it contains no express provision relative to game; therefore the legislature may by a duly