Wilkins v. State

Citations

• 75 Fla. 483
• 78 So. 523

Syllabus

<p>1. An indictment\ in the form prescribed in\ Section 8 of Chapter 4930 Acts of 1901, charging the accused with carrying on the business of a dealer in liquors is n'ot fatally defective if it fails to charge that he sold or caused to be sold spirituous, vinous or malt liquors.</p> <p>2. When a person under prosecution for a second offense of the unlawful selling of liqu'or, is charged in- the information under one name, it is not error to admit evidence ,of a former conviction under a different name, for the like offense, when • the proof is clear that the defendant is one and the same person.</p> <p>8.' In a prosecution under the provisions 'of Section 3, Chapter 6861 for a second offense, it is not necessary to prove that the former conviction was in the same county in which the indictment for the second offense is pending.</p> <p>4. A person may be tried and convicted 'of a second offense under Section 3, Chapter 6861 in a different county from that in which the first conviction w¡as had, if both offenses were committed in the State of Florida.</p> <p>5. Technical errors in the admission of evidence that are not vital, will not cause a reversal of a judgment when the testimony clearly establishes the guilt 'of the accused, and the judgment is in accord with the law and the charge of the court.</p> <p>6. Where an election has been held to determine whether the sale of intoxicating liquors shall be prohibited in any county, the status established by the votes of the people attaches to the territory, and if subsequently a new precinct is created' 'of a part of a dry precinct, and of a part of a wet one, the conditions which existed in the territory out of which the new precinct is created attach thereto, and the portion of the precinct which was formerly part of a dry precinct remains dry, and the portion which formerly was part of a wet precinct, remains wet until changed-by an election.</p>