Legal Opinion · Dissent

White v. State

District Court of Appeal of Florida

Decided March 21, 1975No. Nos. 74-346, 74-347 and 74-416Published

1DissentHobson, Judge

Under § 811.021(5) F.S. it is sufficient for the information to describe the stolen property in general terms. Rule 3.140(g) RCrP provides that no information should be dismissed unless the court shall be of the opinion that it is so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense. A defendant does not waive objections based upon fundamental grounds. Rule 3.190(c) RCrP.

I have found no decisional law in Florida on the precise…

2Cases cited7 opinions

  1. State v. GuffeySupreme Court of North Carolina · 1965
  2. Mankin v. StateCourt of Criminal Appeals of Texas · 1970
  3. Grant v. StateSupreme Court of Florida · 1895
  4. State v. StewartCourt of Appeals of Arizona · 1966
  5. Wilson v. StateCourt of Criminal Appeals of Texas · 1961

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