City of St. Petersburg v. Calbeck, 1706

Citation121 So.2d 814
Decision Date29 June 1960
Docket NumberNo. 1706,1706
PartiesCITY OF ST. PETERSBURG, a Municipal Corporation, Petitioner, v. Marion CALBECK and Mary E. Calbeck, Respondents.
CourtCourt of Appeal of Florida (US)

Carl R. Linn, St. Petersburg, for petitioner.

McClure & Turville, St. Petersburg, for respondents.

SMITH, CULVER, Associate Judge.

This cause is before this Court on Petition for Writ of Certiorari seeking review of a judgment of the Court below, which reversed the judgment of the Municipal Court of St. Petersburg, holding the Respondents guilty of disorderly conduct. The case has previously been before us. In that instance we granted certiorari, quashing the judgment of the Circuit Court of Pinellas County, which reversed the St. Petersburg Municipal Court, on the sole ground that the Ordinance under which the Respondents were convicted was unconstitutional. See City of St. Petersburg v. Calbeck, Fla.App.1959, 114 So.2d 316. After further proceedings in the Circuit Court, its Order was entered reversing the convicition of Respondents on different grounds. These were that the conduct of the Defendants, prior to their arrest, did not constitute disorderly conduct in the legal sense, and therefore, their subsequent resistance was not improper. The first point to be determined is whether or not there was a valid arrest.

As in most such cases, there is conflicting testimony in the record. It is well settled that it is for the trier of the facts to pass upon questions of credibility of witnesses. See Jalbert v. State, Fla.1957, 95 So.2d 589 and Ferrer v. State, Fla.App.1960, 117 So.2d 529. The trier of the facts, in the instant case, was the Municipal Judge of St. Petersburg. As to the function of the Circuit Judge, upon appeal from Municipal Court, the Supreme Court of Florida in the case of Cohen v. State of Florida, Fla.1957, 99 So.2d 563, 564, stated:

'It was the duty of the circuit judge, in reviewing the judgment of the municipal court, to 'examine the record and reverse or affirm the judgment appealed from, giving such judgment or order as the trial court should have given or otherwise as it may appear according to law.' § 932.52(13), Fla.Stat.1955, F.S.A. Tested by the rule applicable to appellate courts in general it was, at least, the duty of the circuit judge 'to determine whether the lower tribunal had before it competent substantial evidence to support its findings and judgment which also must accord with the essential requirements of the law * * *. Substantial evidence has been described as such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred. We have stated it to be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion.''

In the case now before us, we find testimony to the effect that, at around four in the morning, police officers of the City of St. Petersburg went to Respondents' door to investigate an incident which had been reported to them shortly before. They were refused admittance, told to get a warrant and to get off the property. They, thereupon, went out to the street where their vehicles were parked. In a few moments Respondent, Marion Calbeck, came out of his residence, walked to the street, cursing the officers as he came. When he stepped onto the public street, he was...

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12 cases
  • Bacheller v. State
    • United States
    • Court of Special Appeals of Maryland
    • 15 Abril 1968
    ...224 Md. 186, 192, 167 A.2d 341 and cases there cited. See also Lippert v. State, 207 Misc. 632; 139 N.Y.S.2d 751, City of St. Petersburg v. Calbeck, 121 So.2d 814 (Fla.App.); City of Saint Paul v. Morris, 258 Minn. 467, 104 N.W.2d 902. Other cases are collected in a note, 34 A.L.R. 566.' (E......
  • Severson v. Duff
    • United States
    • U.S. District Court — Middle District of Florida
    • 29 Diciembre 1970
    ...ordinances have been upheld. In City of St. Petersburg v. Calbeck, 114 So.2d 316 (Fla.2d D.C.A.1959), with further opinion at 121 So.2d 814 (Fla.2d D.C.A. 1960), the court upheld a disorderly conduct conviction for "abusive and profane language" and reversed a circuit court determination th......
  • Meyers v. State
    • United States
    • Arkansas Supreme Court
    • 11 Septiembre 1972
    ...State v. Chaplinsky, 91 N.H. 310, 18 A.2d 754 (1941), aff'd 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942); City of St. Petersburg v. Calbeck, 121 So.2d 814 (Ct.App.Fla.1960); City of DeSoto v. Hunter, 145 Mo.App. 430, 122 S.W. 1092 (1909). Since we feel that these courts follow the bette......
  • Severson v. Duff, 70-322-Civ-J.
    • United States
    • U.S. District Court — Middle District of Florida
    • 2 Octubre 1970
    ...and disturbing and obnoxious noises. City of St. Petersburg v. Calbeck, 114 So.2d 316 (Fla. 2nd D.C. A. 1959), with further opinion at 121 So.2d 814 (1960), approved in Headley v. Selkowitz, 171 So.2d 368 (Fla. 1965). Two federal district judges in Florida, dealing with ordinances relating ......
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