Livingston v. State of Florida

Johnson, Circuit Judge.

The plaintiff in error, Archibald Livingston, hereinafter called the defendant, was indicted by a grand jury of Madison County, Florida. The indictment was presented in open court by the grand jury on the 17th day of October, 1930. The defendant was tried on the third count of the indictment, was convicted and sentenced to serve four years in the State penitentiary.

The third count of the indictment, upon which the defendant was tried and convicted, was as follows:

“ ‘And the grand jurors aforesaid, upon their oaths aforesaid, do further present that Archibald Livingston,…