Legal Opinion
Mauk v. State of Florida
Supreme Court of Florida
Decided February 17, 1933PublishedCited by 36 opinions
1Per curiam
The plaintiff in error was indicted in the Circuit Court of Hernando County under an indictment in two. counts. At the trial the State elected to stand on the first count of the indictment. That count of the indictment appears to have been drawn under the provisions of section 5143 R. G. S., 7244 C. G. L.
The evidence fails to establish the essential element of an offense under this statute, to-wit: that the defendant was a bailee for hire. Therefore, the judgment must be reversed on authority of Tounsend v. State, 63 Fla. 46, 57 Sou. 611. It is so ordered.
Reversed.
Davis, C. J., and Whitfield,…
2Cases cited1 opinion
- Townsend v. StateSupreme Court of Florida · 1912
3Cited by36 opinions
- Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
- Brander v. NaborsDistrict Court, N.D. Mississippi · 1978
- Mutual Life Ins. Co. of New York v. SmithCourt of Appeals of Kentucky (pre-1976) · 1935
- McCutchen v. All States Life Ins. Co.Supreme Court of Alabama · 1934
- &198tna Life Ins. Co. v. WalleyMississippi Supreme Court · 1935
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