Horner v. State

This cause is here on appeal from the Criminal Court of Record of Dade County. Jurisdiction is vested in this Court because the lower court ruled directly on the validity and constitutionality under the Federal Constitution of Section 904.01, Florida Statutes, F.S.A., and construed material provisions of the Federal and Florida constitutions.

The appellant was informed against and convicted of extortion. He contends that Article V, Section 9(5), Florida Constitution, F.S.A.; Section 10, Declaration of Rights, Florida Constitution, F.S.A.; and Section 904.01, Florida Statutes, F.S.A., are…