Legal Opinion

State v. Williams

District Court of Appeal of Florida

Decided March 14, 1978No. 77-804PublishedCited by 3 opinions

1Opinion of the Court

DOWNEY, Judge.

The state seeks review of an interlocutory order dismissing an information charging appellee with sexual battery.

It appears the trial court granted appel-lee’s motion to dismiss the information because the State Attorney who signed the information failed to “certify” that he had received testimony under oath from the material witnesses for the offense. The information was signed by a designated Assistant State Attorney and contained the following oath taken before a deputy clerk of the Circuit Court of Broward County:

“. . who being first duly sworn, says that the allegations as…

2Cases cited1 opinion

  1. State v. MillerSupreme Court of Florida · 1975

3Cited by3 opinions

  1. State v. SmithSupreme Court of Florida · 1990
  2. State v. HartungDistrict Court of Appeal of Florida · 1989
  3. Wilson v. StateDistrict Court of Appeal of Florida · 2013

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