Legal Opinion

Neisel v. Moran

Supreme Court of Florida

Decided August 21, 1919Published

Writ of Error to the Circuit Court for Dade County; H. Pierre Brauning, Judge. STATEMENT. Neisel was convicted in the Criminal Court of Record of Dade County upon an information charging in one count that on March 21, 1919, he had “in his possession, custody and control in Dade County, State of Florida, certain alcoholic and intoxicating liquors and beverages, to-wit, ninety-seven (97) quarts of whiskey,” and in another count that on March 21, 1919, in Dade County, Florida,…

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Writ of Error to the Circuit Court for Dade County; H. Pierre Brauning, Judge. STATEMENT. Neisel was convicted in the Criminal Court of Record of Dade County upon an information charging in one count that on March 21, 1919, he had “in his possession, custody and control in Dade County, State of Florida, certain alcoholic and intoxicating liquors and beverages, to-wit, ninety-seven (97) quarts of whiskey,” and in another count that on March 21, 1919, in Dade County, Florida, he “did then and there transport, cause to be transported and was then and there concerned in the transportation from a…

1Opinion

ON REHEARING.

Whitfield, J.

The points enumerated in the petition for rehearing were not overlooked by the court.

Even if Chapter 7736, Acts of 1918, is “supplementary to Chapter 7288 of the Laws of Florida of 1917,” as stated in the petition for rehearing, but not in the act itself, *125the validity of- Chapter 7736 is not thereby affected. Chapter 7288 expressly provides that, “This act shall become operative upon the .adoption by the electors of the proposed amendment to Article XIX.” If Chapter 7288 be invalid, that does not render Chapter 7736 invalid. Chapter 7733 by its terms took effect…

2Cases cited75 opinions

  1. In Re RahrerSupreme Court of the United States · 1891
  2. Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
  3. Crane v. CampbellSupreme Court of the United States · 1917
  4. Price v. HopkinMichigan Supreme Court · 1865
  5. Gilbert v. . AckermanNew York Court of Appeals · 1899

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