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Norwood v. State

Citations

  • 80 Fla. 613
  • 86 So. 506

Syllabus

<p>1. An indictment charging o-ne with the offense of manufacturing alcoholic and intoxicating liquors in a county where the sale of liquors had been prohibited by law, and such offense is alleged to have been committed after the passage of Chapter 7736, Laws of 1918, is not bad because it contains some allegations of fact required by Chapter 7283, Laws of 1917, as to the sale of intoxicating liquors having been prohibited by law in the county where the offense was alleged to have been committed.</p> <p>2. Where a bill of exceptions is made up under Rule 103, no assignment of errors is required to be presented to the judge when application is made to him to authenticate the bill.</p> <p>3. A charge in an indictment that the defendant manufactured alcoholic and intoxicating liquors is not supported by evidence that the defendant had in his possession four gallons of “buck,” without any evidence that the liquid was either alcoholic or intoxicating.</p> <p>4. To support an indictment charging the defendant with the manufacture of aicoholic and intoxicating liquors as a second offense of a like character, it is necessary for the State in proof of the latter allegation to produce the record of the prior judgment of conviction.</p>

Judges: Browne, Ellis, Taylor, West, Whitfield

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