State v. Joseph

PEARSON, Judge.

The state appeals an order dismissing an information filed against the appellee. The dismissal followed upon the trial court’s own motion at the court’s discovery that the Justice of the Peace had been late in filing the bind-over papers with the Clerk of the Criminal Court of Record in and for Dade County, Florida. The time schedule is as follows:

On June 11, 1970, the Justice of the Peace ordered the defendant bound over to the Criminal Court of Record on a charge of manslaughter.

The Justice of the Peace bind-over papers were filed with the Clerk of the Criminal Court of…