Legal Opinion

Spadaro v. State

District Court of Appeal of Florida

Decided May 18, 1976No. Y-345PublishedCited by 2 opinions

1Opinion of the Court

SMITH, Judge.

Spadaro asserts that his felony convictions as a recidivist beverage law violator, § 562.45(1), F.S., were vitiated by an insufficient verdict and by the trial court’s action in resubmitting the case for a proper verdict after the jury had been excused from service.

Spadaro was charged in three counts with felony violations of the beverage laws, ch. 562, F.S. Count one alleged that he had previously been convicted of beverage law violations and that on January 26, 1975, he possessed alcoholic beverages with intent to sell without a license. Count two alleged his previous…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Castle v. StateDistrict Court of Appeal of Florida · 1974
  2. State ex rel. Lockmiller v. MayoSupreme Court of Florida · 1924
  3. Barnhill v. StateSupreme Court of Florida · 1949
  4. Bianchi v. StateDistrict Court of Appeal of Florida · 1973
  5. Castle v. StateSupreme Court of Florida · 1975

3Cited by2 opinions

  1. McClure v. StateDistrict Court of Appeal of Florida · 1979
  2. Andrews v. StateDistrict Court of Appeal of Florida · 1976

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