Atkinson v. Powledge
Decision Date | 12 March 1936 |
Citation | 167 So. 4,123 Fla. 389 |
Parties | ATKINSON v. POWLEDGE, Chief of Police. |
Court | Florida Supreme Court |
Rehearing Denied April 20, 1936.
Error to Circuit Court, Leon County; E. C. Love, Judge.
Habeas corpus proceeding by George B. Atkinson against Gid Powledge Chief of Police of the City of Tallahassee. To review a judgment remanding the prisoner to custody, he brings error.
Affirmed.
J. H. Harrell, of Tallahassee, for plaintiff in error.
Guyte P. McCord, of Tallahassee, for defendant in error.
The writ of error in this case brings for review a judgment in habeas corpus proceedings remanding plaintiff in error to the custody of the chief of police of the city of Tallahassee.
One question presented on the record is whether or not a certain ordinance known as section 301 (260) of the ordinances of the city of Tallahassee is void because of being in conflict with the Constitution of the state of Florida. The ordinance is in the following language, to wit:
The plaintiff in error has not pointed out the provision of the Constitution which he contends is violated by the provisions of this ordinance. He contends that the ordinance is unconstitutional because it permits the prosecution and conviction of a person on a charge of keeping a disorderly house solely and exclusively on hearsay and reputation testimony. We find nothing in the ordinance controlling or limiting the quality of testimony which may be admissible to prove the offense of violating the ordinance.
That a conviction may be had for operating or conducting a house of ill fame or a house known or notoriously reputed to be a resort of prostitutes or persons of lewd character is settled in this jurisdiction in the opinion and judgment in the case of King v. State, 17 Fla. 183. In that case, after setting forth some of the evidence that appeared in the record as to character and reputation of the house there under consideration, this court said:
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...White v. Penton, 92 Fla. 837, 110 So. 533; Haas v. Henkel, 216 U.S. 462, 30 S.Ct. 249, 54 L.Ed. 569, 17 Ann.Cas. 1112; Atkinson v. Powledge, 123 Fla. 389, 161 So. 4; State ex rel. Williams v. Coleman, 131 Fla. 872, 180 So. 360; Shelton v. Coleman, 136 Fla. 625, 187 So. 266; Skipper v. Schum......
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