Fails v. State
Supreme Court of Florida
This case was decided by Division B. Writ of error to the Circuit Court for Dade County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtParkhill, J.
The plaintiff in error was indicted for the murder in the first degree of one Joseph A. Hutto and convicted of murder in the second degree.
The court did not err in sustaining the demurrer to the plea of former jeopardy. This plea does not show former jeopardy. It was filed on the 2nd day of July, 1909, and *10alleges that on the 5th day of March, 1909, the jury was regularly empanelled, chosen and sworn, the defendant was then and there placed in jeopardy, “and the State proceeded and introduced all of its evidence in chief against the defendant, and the State having rested its case, the…
2Cases cited5 opinions
- Dixon v. StateSupreme Court of Florida · 1869
- Adams v. StateSupreme Court of Florida · 1894
- Ellis v. StateSupreme Court of Florida · 1889
- Smith v. StateSupreme Court of Florida · 1898
- Roten v. StateSupreme Court of Florida · 1893
3Cited by13 opinions
- Southworth v. StateSupreme Court of Florida · 1929
- Frost v. StateSupreme Court of Alabama · 1932
- Kelly v. StateDistrict Court of Appeal of Florida · 1967
- State ex rel. Stillman v. MerrittSupreme Court of Florida · 1923
- State Ex Rel. Alcala v. GraysonSupreme Court of Florida · 1945
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