Shields v. State

Citations

• 78 Fla. 524
• 83 So. 391

Syllabus

<p>1. Where an indictment is expressly and in terms predicated upon a statute which was enacted after the offense charged is alleged, in the indictment and shown by the evidence to htave been committed, a judgment of conviction under the indictment will be reversed, even though the indictment and the evidence may show elements of an offense defined by a statute that was in force when the Act is shown t'o have been committed, which law was subsequently repealed by the statute under which the indictment was found.</p> <p>2. Where an indictment for a felony is expressly brought under a statute that was not in force at the time the alleged offense was committed, a' defendant is entitled to all the rights afforded by law in defense of the penalties sought to be imposed by the inapplicable statute.</p>