Legal Opinion

Rushton v. State

Supreme Court of Florida

Decided June 15, 1909PublishedCited by 18 opinions

This case was decided by Division A. Writ of Error to the Criminal Court of Eecord, Suwannee County. The facts in the case are stated in the opinion of the court.

1Opinion of the CourtCockrell, J.

Orum Rushton was convicted in the Criminal Court of Eecord for Suwannee County of an assault with intent to commit rape and sentenced to five years in the State prison.

Attack is made here upon the constitutionality of the act, Chapter 5771, Laws of 1907, creating the trial court.

It is first claimed that there were fatal defects in the passage of the bill through the legislature, but an examination of the Journals fails to disclose any serious irregularity. It does appear that House Bill No. 378, now Chapter 5771, was introduced in the House and under waiver of the rules was read three times…

2Cases cited4 opinions

  1. Stockton v. PowellSupreme Court of Florida · 1892
  2. Ex parte PittsSupreme Court of Florida · 1895
  3. Hunter v. StateSupreme Court of Florida · 1892
  4. Clark v. StateSupreme Court of Florida · 1908

3Cited by18 opinions

  1. Jackson Lumber Co. v. Walton CountySupreme Court of Florida · 1928
  2. State ex rel. Buford v. FearnsideSupreme Court of Florida · 1924
  3. State Ex Rel. Gillespie v. County of BaySupreme Court of Florida · 1933
  4. Smith Bros. Inc. v. WilliamsSupreme Court of Florida · 1930
  5. Apgar v. WilkinsonSupreme Court of Florida · 1928

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