Smith v. State

Citations

• 71 Fla. 639
• 71 So. 915

Syllabus

<p>1. While secondary evidence should not be admitted in substitution for primary evidence, yet where the evidence offered is primary or original in its character, it should not be excluded because there might have been introduced other primary evidence that is corroborative or stronger and more conclusive.</p> <p>2. Secondary evidence of the contents of records may be given when such records are destroyed.</p> <p>3. While all common law crimes consist of two elements — the criminal act or omission, and the mental element, commonly called criminal intent, it is within the power of the legislature to dispense with the necessity for a criminal intent, and to punish particular acts without regard to the mental attitude of the doer.</p> <p>4. A failure of a justice of the peace to pay over to the county treasurer within ten days after the receipt thereof of all fines collected by him as such magistrate, without excuse for such failure, is a violation of Section 4035 Gen. Stats, of 1906, and such failure whether the result of wilfulness or negligence may be regarded as “malpractice in office” within the meaning of Section 3481 Gen. Stats, of 1906.</p> <p>5. The word “wilfully” as used in Section 3481 is a part of the definition of the offense of extortion, and does not by construction become an element of the offense of “any malpractice in office not otherwise especially provided for,” condemned in the same section.</p> <p>6. Where a sentence pronounced in a criminal case is not in substantial compliance with statutory requirements, the judgment will be reversed and the cause remanded for a proper sentence.</p>