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State ex rel. Sweeting v. Chapman

State, Ex Rel. Sumner Sweeting, v. L. F. Chapman, Superintendent Florida State Prison

State ex rel. Sweeting v. Chapman, 170 So. 736 (Fla. 1936)
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Court
Supreme Court of Florida · State Highest Courts
Decided
November 19, 1936
Judges
Ellis, Terrell, Buford, Wi-Iitfield, Brown, Davis
Citations
170 So. 736126 Fla. 231

Opinion of the Court — Per Curiam

Per Curiam.

This is an original habeas corpus proceeding.

*232 The petitioner was convicted under the Second Count of an Information, in the following language:

“And the said Chas. A. Morehead, County Solicitor for the County of Dade, prosecuting for the State o'f Florida, in the said County, under oath,- information makes that Sumner Sweeting, Frank Minnis and O. Trippadó", "óf the County of Dade and State of Florida, on the 30th day of July, in the year of our Lord, one thousand nine hundred and thirty-two, in the County and State aforesaid, did then and there unlawfully and feloniously have in their possession certain lottery tickets, commonly known as Cuban Lottery Tickets, a further and more particular description of said Cuban Lottery tickets being to the County Solicitor unknown, for the disposal by lot or chance of a thing of value-, to-wit: money.”

The Petitioner should be discharged on authority of the opinion and judgment in the case of D’Alessandro v. State, 114 Fla. 70 , 153 Sou. 95 , because the Information does .not allege that the tickets were for a lottery not then played.

It is so ordered.

Ellis, P. J., and Terrell and Buford, J. J., concur.

Wi-iitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1940: 11974: 119402026peak 1940 · 1

Relies on it most ⓘ

  1. La Russa v. State196 So. 302 (Fla. 1940)
  2. Union Camp Corp. v. Petition of Seminole Forest Water Management District302 So. 2d 419 (Fla. Dist. Ct. App. 1974)

Most recent

  1. Union Camp Corp. v. Petition of Seminole Forest Water Management District302 So. 2d 419 (Fla. Dist. Ct. App. 1974)
  2. La Russa v. State196 So. 302 (Fla. 1940)

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.

Authorities cited 1

DepthCaseCited by
D'Alessandro v. State, 153 So. 95 (Fla. 1934) 15

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