Legal Opinion

Johnson v. State

Supreme Court of Florida

Decided June 15, 1909PublishedCited by 15 opinions

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

1Opinion of the CourtWhitfield, C. J.

The information filed in the Criminal Court of Record for Orange County against the defendant there I. N. Johnson was in two counts. A verdict of guilty on the second count was rendered which operates as an implied acquittal on the first count. Smith v. State, 40 Fla. 203, 23 South. Rep. 854. It is, therefore, not necessary to consider any question relative to the first count of the information. Green v. State, 17 Fla. 669. The charging part of the second count is that the defendant in Orange County, Florida, on January 28, 1909, “While James A. Kirkwood, the sheriff of said Orange County,…

2Cases cited3 opinions

  1. Lewis v. StateSupreme Court of Florida · 1908
  2. Green v. StateSupreme Court of Florida · 1880
  3. Smith v. StateSupreme Court of Florida · 1898

3Cited by15 opinions

  1. Suarez v. State of FloridaSupreme Court of Florida · 1928
  2. In re RobinsonSupreme Court of Florida · 1917
  3. Eiras v. Florida Department of Business & Professional Regulation Division of Alcoholic Beverages & TobaccoDistrict Court, M.D. Florida · 2017
  4. Noble v. StateSupreme Court of Florida · 1914
  5. Coker v. StateSupreme Court of Florida · 1922

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