Overstreet v. State

In original habeas corpus proceedings, filed subsequent to conviction and judgment, petitioner contends that the information charges no offense of which the Circuit Court has jurisdiction.

The charge in the information is:

“That Roy Overstreet of the County of Pasco and State of Florida, on the 15th day of April in the year of our Lord, one thousand nine hundred thirty-six, in the County and State aforesaid, did then and there sell five gallons of intoxicating spirituous liquor commonly called ‘Moonshine,’ which said liquor contained more than fourteen percent of alcohol by weight and was then…