Raines v. State

Citations

• 42 Fla. 141

Syllabus

<p>Criminal Law — Appellate Practice — Motion to Quash Indictment Part of Record Proper — Effect of Repeat of Criminal Statute on Crimes Committed — Proof of Larceny of all the Property as Charged not Necessarv to Conviction.</p> <p>1. Under the rule announced in Barnes Ex’r. vs. Scott, Adm’r., 29 Fla., 283, 11 South. Rep. 48, a motion to quash an indictment in a criminal case, and the ruling of the court thereon, for the purpose of anpellate review, form part of the record proper in the case, and are out of place in a bill of exceptions.</p> <p>2. Section 32 of Article III of the Constitution of 1885 provides that “the repeal or amendment of any criminal statute shall not affect the prosecution or punishment of any crime committed before such repeal or amendment.” The effect of this 'constitutional provision is to give to all criminal legislation a prospective effectiveness; that is to say, the repeal or amendment, by subsequent legislation, of a pre-existing criminal statute does not become effective, either as a repeal or as an amendment of such pre-existing statute in so far as offenses are concerned that have been already committed prior to the talcmg effect of such repealing or amending law. And a crime committed prior to the taking effect of a statute that amends or repeals the law violated by the commission of such crime stands for prosecution and punishment under the law that it violated at the time of its commission, notwithstanding the subsequent repeal or amendment of such law.</p> <p>3. It is not necessary to a conviction for larceny that all of the property as charged shall be proven to have been stolen.</p>