Mauk v. State of Florida
W. F. Mauk, Plaintiff in Error, v. State of Florida, Defendant in Error
Subsequent history: aff'd sub nom. Mut. Life Ins. Co. of NY v. Johnson, 293 U.S. 335 (1934). (read from the later opinion; check before relying)
Opinion of the Court
Per 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, Terrell and Buford, J. J., concur.
Brown, J., concurs in the result.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 36 cases
View all citing references →- U.S. Supreme Court1
- U.S. Courts of Appeals1
- Federal District Courts2
- State Highest Courts27
- State Appellate Courts4
- State Trial Courts1
Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.