Drawdy v. State

Supreme Court of Florida
Drawdy v. State, 123 So. 913 (Fla. 1929)
98 Fla. 473
Whitfield, Strum, Buford, Terrell, Ellis, Brown

Drawdy v. State

Opinion of the Court

Per Curiam.

In the information filed in this case it was attempted to charge the defendant with the violation of Section 5345, Revised General Statutes of Florida, Section 7479, Compiled General Laws of 1927. There was a motion to quash the information.

An information attempting to charge a person with the crime of endeavoring to incite or procure another to commit perjury must set forth all the material allegations necessary to’ show that if the endeavor had been successful perjury would have been committed and the proposed false statement sought to be procured, together with the true state of facts in that regard, must be set out with the same particularity that is required in an indictment for perjury.

The information in the present ease fails to meet the requirements as stated by this Court in the case of Fudge v. State, 57 Fla. 7, 49 So. R. 128, and cases there cited.

For the reasons stated the information should have been quashed and.it is, therefore, necessary to reverse the judgment. -It is so ordered.-

*475 Reversed.

Whitfield, P. J., and Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown? J. J., concur in the opinion and judgment.

Reference

Full Case Name
Paul M. Drawdy, Plaintiff in Error, v. State of Florida, Defendant in Error
Cited By
1 case
Status
Published