Thrift v. State

BOYER, Judge.

An information was filed against the defendant entitled “Information for Torturing or Unlawfully Punishing Children.” The information charged that the defendant “did then and there unlawfully and willfully torture and cruelly with malice torment and punish BEN BOYETTE, JR., a child under the age of sixteen (16) years, to-wit: two (2) years of age, contrary to the provisions of Section 828.-04(1), Florida Statutes.”

Florida Statute § 828.04, F.S.A., contains two subsections, and is as follows:

“828.04 Torturing or unlawfully punishing children.—

“(1) Whoever unlawfully or willfully…