Stringer v. State

Citations

• 32 Fla. 238

Syllabus

<p>To an. information charging the accused with carrying on and engaging in the business of dealer in spirituous, vinous and malt liquors in Hernando county, Florida, without a license, he interposed a plea to the effect that prior to the time when the offense is alleged. to have been committed, and before the filing of the information, an election had been properly held in said county under the provisions of Chapter 3700, laws of Florida, to determine whether or not the sale of such liquors should be prohibited in said county, and at said election a majority of the votes legally cast were in favor of prohibiting the sale of such liquors; on motion of the State the court struck from the files this plea on the ground that it was no defense to the charge; Held, to be error. If the plea be true there was no law in force in the county at the time, upon which an information could be predicated for selling liquors without a license.</p>