State ex rel. Buckheitt v. Butt

Citations

• 25 Fla. 258

Syllabus

<p>1. The Constitution gives to any Criminal Court of Record that may be established by the Legislature in a county, jurisdiction of all criminal cases not capital -which may arise in the county, and provides that the Circuit Court shall have final appellate jurisdiction of all misdemeanors tried in them, and that the Supreme Court shall have appellate jurisdiction of cases of conviction of felony by them.</p> <p>2. The sale of liquors contrary to the provisions of the act of 1887 (chapter 8700), for the enforcement of the 19th, or local option, Article of the Constitution, is, under the terms and effect of the third section of sai 1 act and of section 25, of Article XVI of the Constitution, a misdemeanor, and a judgment of conviction thereof rendered by a Criminal Court of Record, is subject to be reviewed by the Circuit Court.</p> <p>8. The Legislature cannot take from the County Criminal Courts of Record their constitutional jurisdiction to try a criminal offence not capital.</p> <p>4 A mere grant of jurisdiction to one court to try a certain class of criminal offences, is not a withdrawal from another court of an existing jurisdiction to try the same offences. An act whose terms purport simply to grant to the Circuit Court juristiction of an offence which such act makes a misdemeanor, will not be held as having been intended to deny to the County Criminal Court of Record their constitutional jurisdiction of such offence, but should be construed as simply a grant of concurrent jurisdiction to the Circuit Court. Whether such grant of concurrent jurisdiction is constitutional, not involved nor decided.</p>