Legal Opinion

Thorp v. Smith

Supreme Court of Florida

Decided June 15, 1912PublishedCited by 17 opinions

Appealed from the Circuit Court for Volusia County. The facts in the case are stated in the opinion of the court.

1Opinion of the CourtWhitfield, C. J.

The plaintiffs in error were convicted upon a charge that on July 22nd, 1911, they violated Section 1 of Chapter 4562, Acts of 1897. On habeas corpus proceedings the convicted persons were remanded to custody and allowed a writ of error.

If the plaintiffs in error have been convicted and are held under an information charging an act for which the court had no jurisdiction to try or punish them, they may be discharged on habeas corpus. Ex parte Bailey, 39 Fla. 734, 23 South. Rep. 552; Lewis v. Nelson, 62 Fla. —, 56 South. Rep. 436.

At common law the time when an alleged offense was committed…

2Cases cited7 opinions

  1. Ex parte BaileySupreme Court of Florida · 1897
  2. Rouse v. StateSupreme Court of Florida · 1902
  3. Cool v. CommonwealthSupreme Court of Virginia · 1896
  4. Whatley v. StateSupreme Court of Florida · 1903
  5. Alexander v. StateSupreme Court of Florida · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Ex parte AmosSupreme Court of Florida · 1927
  2. Ex Parte AmosSupreme Court of Florida · 1927
  3. In re RobinsonSupreme Court of Florida · 1917
  4. Neisel v. MoranSupreme Court of Florida · 1919
  5. Hoffman v. StateSupreme Court of Florida · 1981

12 more not listed; retrieve them via the Exa API.

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