Reyes v. State

Citations

• 34 Fla. 181

Syllabus

<p>f 1. An indictment under sec. 2620 Rev. Stats., which charges the accused with publishing and distributing an obscence paper containing and obscene figure or picture should set out such paper in haea verba, or give such description of the same as decency permits.</p> <p>2. An indictment which fails to give such description of the obscene paper, figure or picture as is prescribed in the preceding headnote, and fails to give any description of the same sufficient to advise the defendant of the nature of the charge and accusation against him is fatally defective, and such defect is not cured by a verdict of guilty.</p> <p>3. Our statute (sec. 2892 Rev. Stats.) which provides that an indictment shall be adjudged good, which charges a crime substantially in the language of the statute, was not intended to obviate the necessity of stating the circumstances which constitute the definition of the offense charged, when necessary to advise the prisoner of the nature of the charge against him.</p> <p>4. The indictment in this case seeks to charge the defendant with publishing and distributing an obscene paper containing an obscene figure or picture. It does not set out the paper figure or picture in haec verba, or by a.ny certain description, or give any excuse for failure to do so; Held, that said indictment was vague, indefinite and uncertain; that it charged no offense; that it exposed the defendant to a second prosecution for the same offense, and that no judgment should be entered upon a conviction obtained upon the same.</p>