Legal Opinion · Dissent

State v. Brehm

District Court of Appeal of Florida

Decided February 16, 1973No. 72-95Published

1DissentMann, Chief Judge

This is a harmless error case if I ever saw one.

As time goes on the work load of this court increases, markedly impairing the precision of language with which we state the law. So it is with trial judges, and when a trial judge has reached the only result sustainable on the record, the ascription of a reason to the order which is not precisely correct should not furnish a basis for reversal. This was a patently unlawful arrest, based on hearsay not even offered as reliable, resulting in stopping a car for going down an alley, which is not alleged to be a crime anyhow. The car’s occupants were…

2Cases cited4 opinions

  1. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  2. State v. HolmesDistrict Court of Appeal of Florida · 1971
  3. Holmes v. StateSupreme Court of Florida · 1972
  4. Nell v. StateDistrict Court of Appeal of Florida · 1972

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