Yoemans v. State

Supreme Court of Florida May 8, 1931

Yoemans v. State, 134 So. 237 (Fla. 1931)

101 Fla. 551

Brown, Buford, Davis, Ellis, Terrell, Whitfield

Opinion of the Court

Per Curiam.

On authority of the opinion and judgment in the case of Benton vs. The State, 74 Fla. 30, 76 Sou. 341, the writ of certiorari should be quashed. It is so ordered.

Buford, C.J., and Whitfield, Ellis, and Terrell, J.J. concur. Brown, J., dissents. Davis, J., disqualified.

Dissenting Opinion

*552 Brown, J.;

dissenting:

A part of the material evidence on which this man was convicted in the County Court was obtained by an unlawful search of his person. Due objection was made by defendant. I think the admission of this evidence was a “departure from the essential requirements of the law,” and that the Circuit Court should have reversed the judgment of the County Court. See Brinson v. T'harin, 99 Fla. 696, 127 So. 313.

Reference

Full Case Name: Luby Yoemans, Petitioner, vs. the State of Florida, Respondent
Status: Published