Mooneyham v. Bowles

Citations

• 72 Fla. 259
• 72 So. 931

Syllabus

<p>1. An affidavit charging the commission of a statutory offense substantially in the words of the statute is not amenable to the criticism that it wholly fails to charge the criminal offense denounced by the statute.</p> <p>2. Section 3403 General Statutes of 1906, Florida Compiled Laws of 1914, provides for 'the punishment of one who wilfully enters upon the inclosed land or premises of another while occupied by the owner or his employees, after having been forbidden to enter; or not having been previously forbidden to enter, refused to depart after being warned to do so. Upon a collateral attack an affidavit charging one with an entry upon the enclosed premises of another while occupied by the owner after having been warned not to enter, will be held to sufficiently charge that the entry was willfully made.</p> <p>3. The writ of habeas corpus cannot be used as a substitute for a demurrer, a motion to quash, a writ of error or certiorari.</p>