Supreme Court of Florida· 10/25/1984

Tucker v. State

Citations

459 So. 2d 306

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding defendant was not entitled to jury instructions on lesser-included offenses because his request did not constitute a waiver of the statute of limitations on those offenses; such a waiver must be “knowingly, intelligently and voluntarily made”
\[W]e hold that failure to allege venue is not a fundamental defect in an indictment.\
effective waiver of statute of limitations requires determination on the record that waiver is knowing, intelligent, and voluntary; made for defendant's benefit after consultation with counsel; and does not handicap the defense or contravene public policy behind statute
“We therefore hold that failure to allege venue in an indictment or information is an error of form, not of substance and such a defect will not render the charging instrument void absent a showing of prejudice to the defendant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ehrlich

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52 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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