Johnston v. State

Citations

• 65 Fla. 492
• 62 So. 655

Syllabus

<p>Criminal Law—Unlawful Sales of Intoxicating Liquors—U. S. Revenue License as Evidence—Identity from Names—Specific Grounds of Objection to Evidence Advanced in Trial Court Must Be Argued in Appellate Court, Else Assignment Based Thereon Will Be Treated as Abandoned.</p> <p>1. Where two names are presented, to the consideration of the court, the inference that they designate the same individual is strong in proportion as the difference between the two are slight, and, conversely, the inference of identity is weak as the points of difference between the two names are numerous and marked.</p> <p>2. Section One of Chapter 5688 Laws of Florida of 1907 makes the certificate of the U. S. Revenue Collector of Licenses issued to parties to conduct the business of Liquor Dealers, prima facie eidence in all the courts of this State that the person holding, owning, paying for or possession such U. S. Revenue License, is a dealer in such intoxicants, not expressly as a second offence, but simply of the fact that during the time covered by such U. S. Revenue License the holder thereof is or was a dealer in such liquors. Of course the prosecutor in the trial of a party on a charge of a second offense must show by evidence aliunde the first conviction and a dealing in or sale of intoxicants subsequently thereto that was not covered by or included within the charge upon which the first conviction was had, but this does not detract from the value of the U. S. Revenue License as prima facie evidence of the bare fact that the holder or owner thereof was, during the whole time covered by such license, a dealer in intoxicants, whether under it he made one sale, or from day to day and from month to month made continuous and repeated sales thereunder, after having been convicted for the offense of making the first, second or third sale thereunder.</p> <p>3. It is the settled rule here that a plaintiff in error or appellant is confined in argument to the specific grounds of objection sta