Parramore v. State

Citations

• 81 Fla. 621
• 88 So. 472

Syllabus

<p>1. A motion to quash an indictment should be evidenced to the appellate court by the record proper, and not the bill of exceptions, and if not so evidenced will not be considered.</p> <p>2. An indictment against a negro woman and white man for violating the provisions of Section 3533, General Statutes, 1906, prohibiting such persons of opposite sexes from habitually living in and occupying the same room 'in the night time, charges a continuing offense, although the allegation was that on a certain day the man and woman habitually lived in and occupied the same room in the night time.</p> <p>3. Where a negro woman and white man are charged with the offense of habitually living in and occupying' the same room in the night time, it is necessary for the State to prove that the habit of so living together had been formed by them and was practiced within two years preceding the date alleged in the indictment.</p> <p>4. Where a continuing offense is charged in an indictment, evidence of acts and conduct of the defendant which occurred more than two years before the date alleged in the indictment are admissible to show the formation of a habit continuing into the period in which the statute does not bar the prosecution.</p>