O'Berry v. State
Supreme Court of Florida
This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Brevard county. Statement. The plaintiff in error (hereinafter referred to as the “defendant”), at the fall term, 1902, of the Circuit Court for Osceola county, was indicted for the larceny of certain cattle, on the 9th day of April, 1903, at an adjourned term of said court, the defendant was arraigned upon said indictment and pleaded thereto not guilty.
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This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Brevard county. Statement. The plaintiff in error (hereinafter referred to as the “defendant”), at the fall term, 1902, of the Circuit Court for Osceola county, was indicted for the larceny of certain cattle, on the 9th day of April, 1903, at an adjourned term of said court, the defendant was arraigned upon said indictment and pleaded thereto not guilty. On the 10th day of April, 1903, the State Attorney for said circuit filed the following motion for a change of venue of said cause. “Now comes the State of…
1Opinion of the CourtShackleford, J.
(after stating the facts). — The first, second, third and fourth errors assigned are all based upon the, order made by the court granting the motion of the State Attorney for a change of venue of said cause from the Circuit Court for Osceola county, in which said county *81the indictment was found and wherein the defendant resided, to the Circuit Court for Brevard county. The forty-third error- assigned is based upon the overruling of the defendant’s motion in arrest of judgment. All of these assignments may be considered together.
Section 11 of the Declaration of Rights of our present…
2Cases cited2 opinions
- Hewitt v. StateSupreme Court of Florida · 1901
- Garcia v. StateSupreme Court of Florida · 1894
3Cited by19 opinions
- Kearse v. StateSupreme Court of Florida · 2000
- Deeb v. StateSupreme Court of Florida · 1937
- Higginbotham v. StateSupreme Court of Florida · 1924
- Haddock v. StateSupreme Court of Florida · 1939
- Coker v. StateSupreme Court of Florida · 1922
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