Randall v. Tillis

Citations

• 43 Fla. 43

Syllabus

<p>Habeas Corpus — Can not be Utilized for Purposes of Writ of Error — Local Option-r-Indictment.</p> <p>1. The actual existence of chapter 4746 as a law upon our statute books does not depend upon any extrinsic facts outside of the law itself. But whether it is specifically applicable to any particular county in the state, or whether its provisions can be violated in any such county, so as there to incur its penalties, depends upon the necessarily prerequisite fact whether or not an election has been held in such county resulting in a prohibition, under Article XIX of the constitution of the sale there of intoxicating liquors. An indictment or information under said chapter must necessarily allege, in order to- charge the offense, the fact of the holding of such an election, and that it resulted against the sale of such liquors in the particular locality named, as well as the fact of the prohibited sale. And, of course, it is necessary also to prove such allegations.</p> <p>2. Where a party has been convicted in the county court of a county, on an information filed, of the crime of illicit sales of liquor, in violation of chapter 4746, and such county court has jurisdiction to try such offence, and took writ of error from such judgment of conviction to the circuit court, where the same was affirmed, and after such affirmance sued' out a writ of habeas corpus from such circuit court, wherein he assails the regularity and validity of the prohibition election alleged to have been held in such county, and the circuit court on such habeas corpus proceedings remands him to the custody of the sheriff to undergo such sentence of conviction, on writ of error to this court from such judgment in said habeas corpus proceeding the same will be affirmed on the ground that the matters of law and fact affecting the regularity and validity of such prohibition election are necessarily involved as issues in the trial of such offence, and are presumed to have been therein properly adj