Supreme Court of Florida, 1928

Burns v. State of Florida

Supreme Court of Florida · Decided January 26, 1928 · Ellis, Whitfield, Terrell, Brown, Strum

116 So. 88; 95 Fla. 84 (Southern Reporter)

Opinion of the Court

Per Curiam.

The information upon which the plaintiff in error in this case was convicted, ran in the name of, and was signed, filed and sworn to by an assistant county solicitor, and the judgment of the court below must therefore be reversed upon the authority of Segars v. State, decided at the June Term, 1927, and Sawyer v. State, 113 So. 736.

Reversed.

Ellis, C. J., and Whitfield and Terrell, J., concur. Brown, J., dissenting. Strum, J., absent because of illness.

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