State v. Smith

SEBRING, J.:

On September 4, 1947, an information was filed in the Criminal Court of Record of Duval County against the Appellee Smith, charging him with having twice been convicted of felony contrary to Section 775.09 Florida Statutes 1941. A motion to quash the information was filed by the appellee. Thereafter, the trial judge made his order sustaining said motion to quash. The State of Florida, under authority of section 924.02 and 924.07, Florida Statutes 1941, has taken an appeal from the order.

The information charged in substance that on May 29, 1945, in Duval County, the appellee was…