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· 6/15/1909

Rushton v. State

Citations

  • 58 Fla. 94

Syllabus

<p>1. The legislature may initiate and finally .pass a bill in one legislative day.</p> <p>2. A wrong date in the message from one house to another transmitting a bill may be self correcting and treated as a clerical misprision.</p> <p>3. The Journals need not affirmatively show that notice of local bills had' been duly published.</p> <p>4. Chapter 5771, Laws of 1907, in so far as it created the Criminal court of record for Suwannee County was duly enacted.</p> <p>5. A convict cannot raise for the first time in the appellate court the validity of legislation affecting the practice of the court or compensation of its officers.</p> <p>6. A conviction of assault with intent to rape will not be sustained upon proof that the assailant voluntarily desisted before consummation, without suggestion of outside interference and with no unusual resistance on the woman’s part.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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