Hall v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Pasco county. STATEMENT. At the spring term, 1896, of the Circuit Court of Pasco county, the plaintiff in error was indicted for hawking and peddling without license.
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Writ of Error to the Circuit Court for Pasco county. STATEMENT. At the spring term, 1896, of the Circuit Court of Pasco county, the plaintiff in error was indicted for hawking and peddling without license. The indictment, omitting formal parts, charged that the defendant unlawfully, on the “first day of October, A. D. 1895, and thence continually until the finding of this indictment, did engage in, carry on and conduct the business of hawker and peddler, and did during the times and on the days aforesaid, hawk and peddle at divers and sundry places in said county, sugar, rice». • meat,…
1Opinion of the Court
Carter, J.:
I. It is insisted by the plaintiff in error that the in•dictment was bad for duplicity, in that it charged him with two substantive offenses, viz: hawking and peddling; that while a hawker is necessarily a peddler, a peddler is not a hawker, unless and until he begins to attract attention to his wares by outcries or other device, and that the Legislature did not use the words interchangeably in the statute under consideration, but used them in a different sense as is evidenced by the language “hawkers and peddlers shalffmc7¿ pay,” etc. We have failed to find a single case at law…
2Cases cited11 opinions
- Emert v. MissouriSupreme Court of the United States · 1895
- Asher v. TexasSupreme Court of the United States · 1888
- People v. . DumarNew York Court of Appeals · 1887
- United States v. ArjonaSupreme Court of the United States · 1887
- Sams v. KingSupreme Court of Florida · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sharer v. Hotel Corporation of AmericaSupreme Court of Florida · 1962
- Johnson v. StateSupreme Court of Florida · 1946
- Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
- Goode v. StateSupreme Court of Florida · 1905
- County Commissioners v. JacksonSupreme Court of Florida · 1909
6 more not listed; retrieve them via the Exa API.