Wright v. Worth

Citations

• 83 Fla. 204
• 91 So. 87

Syllabus

<p>1. The Constitution contains no express limitations upon the power of the Legislature to prescribe the procedure for municipal courts. Under Section 20, Article Y, special laws - may be enacted “regulating the practice” of municipal courts.</p> <p>2. Indictments for offenses against municipal ordinances are not required or permitted in municipal courts.</p> <p>3. Due process of law requires that a person charged with an “offense” against a municipal ordinance shall be duly advised of the nature and cause of the accusation against him and have reasonable opportunity to conserve his defense, whether by securing .witnesses or otherwise,-, and have it presented to and considered by the court before rendering judgment in the cause.</p> <p>4. A statutory provision that a sworn or verified complaint shall not be necessary to give the municipal court jurisdiction of offenses triable in that court, but the docket entry shall be sufficient to put the accused upon notice of the offense with which he is charged, does not deny due process of law.</p> <p>5. A docket entry in the municipal court of Tampa that contains the name of the accused with a statement of the offense charged as “having liquor in her possession in violation' of Section 18a,” is sufficient as' a compliance’ with the statute as to the charge and to afford due process of law, at least in the absence of some showing that advantage was taken of the accused in making and prosecuting the charge.</p> <p>6. Any laws that are valid and appropriate to enforce the organic prohibitions are within the power of the State; and regulations and reasonable prohibitions of the possession of intoxicating liquors are appropriate as a means to enforce the paramount organic prohibitions.</p> <p>7. The State may authorize its municipalities to enforce prohibitions by ordinances that are consistent with State and Federal law.</p> <p>8. As the Federal law is the law of the land and as it does not in essence conflict with State law,