O'Brien v. State
Supreme Court of Florida
This case was decided by Division B. Writ of Error to the Criminal Court of Record 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, Fred O’Brien, was prosecuted in the criminal court of record for Dade county for grand larceny. He was tried, convicted and sentenced to the state prison for three years, and seeks relief here by writ of error.
It is contended that the court erred in sustaining a demurrer to the plea of autrefois convict. The demurrer is as follows: “Now comes the state of Florida by H. Pierre Branning, its solicitor of the criminal court of record of Dade county, Florida, and demurs to the plea of the defendant, Fred O’Brien, filed in the above styled cause and for grounds of demurrer…
2Cases cited8 opinions
- Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
- State ex rel. Owens v. BarnesSupreme Court of Florida · 1888
- State v. HankinsSupreme Court of North Carolina · 1904
- Hooker v. ForresterSupreme Court of Florida · 1907
- Gibson v. StateSupreme Court of Florida · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- McKinnon v. JohnsonSupreme Court of Florida · 1909
- Smith v. StateSupreme Court of Florida · 1918
- Hoopes v. CraneSupreme Court of Florida · 1908
- State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad Co.Supreme Court of Florida · 1913
9 more not listed; retrieve them via the Exa API.