Davis v. State
Supreme Court of Florida
This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Dade county. Statement. The defendant was indicted at the fall term of the Circuit Court of Dade county, A. D. 1903, for breaking and entering a dwelling house with intent to commit a felony, to-wit: with intent to steal therefrom goods of the value of $100, being at the time armed with a dangerous weapon, and with making an assault upon W. C. Fogg, who was lawfully therein.
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This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Dade county. Statement. The defendant was indicted at the fall term of the Circuit Court of Dade county, A. D. 1903, for breaking and entering a dwelling house with intent to commit a felony, to-wit: with intent to steal therefrom goods of the value of $100, being at the time armed with a dangerous weapon, and with making an assault upon W. C. Fogg, who was lawfully therein. On his first trial he was convicted and sentenced, and from the judgment of conviction sued out a writ of error from this court. This…
1Opinion of the CourtHocker, J.
(after stating the facts). — First assignment of error. “The court below erred in admitting the testimony of D. W. Moran as to the actions of certain dogs placed upon the trail of the supposed culprit, no sufficient predicate being laid by the State, the purity of the breed not being shown, the dogs having been unsuccessfully used upon this occasion, and it having been shown that the alleged dogs had never been successfully used in the trailing of criminals.”
Second assignment of error. “The court below erred in refusing to strike the testimony of D. W. Moran as to the actions of the dogs put…
2Cases cited4 opinions
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- Ernest v. StateSupreme Court of Florida · 1883
- Dupuis v. ThompsonSupreme Court of Florida · 1877
- Glaser, Kuder & Ottensoser v. HackettSupreme Court of Florida · 1896
3Cited by14 opinions
- Garrett v. Morris Kirschman & Company, Inc.Supreme Court of Florida · 1976
- Terrell v. StateCourt of Special Appeals of Maryland · 1968
- Colson v. StateSupreme Court of Florida · 1906
- Landrum v. StateSupreme Court of Florida · 1920
- LaMonte v. StateDistrict Court of Appeal of Florida · 1962
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