Whidden v. State

BUFORD, J.:

The controlling question for us to determine on this petition for certiorari is whether or not an order of the county judge quashing an affidavit purporting to charge a criminal offense of which the county judge had trial jurisdiction is reviewable by the circuit court on appeal by the state.

The state’s right to appeal is purely statutory, and is found in Sections 924.07 and 924.08, Fla. Stat. 1941 (same F.S.A.).

Section 924.07 is as follows:

“924.07. Appeal by state. — An appeal may be taken by the state from:

“(1) An order quashing an indictment or information or any count thereof;

“(…