State of Florida v. Sullivan

The legislature having the power in the manner prescribed in the Act to create the Court of Crimes and invest it with concurrent jurisdiction with the Criminal Court of Record in all cases of misdemeanors, the power also exists in the legislature by necessary implication to provide for all necessary incidents without which the court could not be properly organized and without which it could not properly function. State v. Ecthman, 88 S.W. Rep. 643. If the Act be construed as mandatorily requiring every prosecution for misdemeanor to be certified to the Court of Crimes, thereby excluding the…