Tracey v. State

O’CONNELL, Justice.

This cause is identical in many respects to the case of Cohen v. State, Fla.1960, 121 So.2d 155.

As in the Cohen case, we are unable in this case to determine whether the trial court directly passed upon the validity of § 847.01, F.S.A., or construed a controlling provision of our state or federal constitutions.

Yet, as in the Cohen case, it seems to us that a determination of the validity of the statute involved was an essential first step to any proceedings following the filing of the motions to quash in this cause, and that therefore the trial court must have passed on the…