Brown v. State
| Decision Date | 05 January 1938 |
| Citation | 130 Fla. 479,178 So. 153 |
| Parties | BROWN et al. v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Polk County; R. T. Dewell Judge.
In the matter of the petition of the Attorney General of Florida and the State's Attorney for the Thirteenth Judicial Circuit for interpretation or clarification of the opinion of the Supreme Court on the appeal of C. A. Brown, Jr., and others from a conviction of kidnapping. 175 So. 515.
Opinion clarified.
COUNSEL Pat Whitaker, Charles F. Blake, Tom Whitaker and D. B. Whitaker, Jr., all of Tampa, Luther Johnson and E A. Bosarge, both of Bartous, L. E. Womack, of Tampa, and C. A. Boyer, of Orlando, for plaintiffs in error.
Cary D. Landis, Atty. Gen., Roy Campbell, John L. Graham, and Tyrus A. Norwood, Asst. Attys. Gen., and J. Rex Farrior, State Atty., of Tampa, for the State.
The Attorney General of Florida, joined by the State's Attorney in and for the Thirteenth judicial circuit of Florida, has filed a petition in this court praying interpretation or clarification of our opinion filed herein July 1, 1937, and reported in Brown v. State, 175 So. 515.
The information under which the defendants were placed on trial was in four counts.
The first count charged that the defendants, 'on the 30th day of November, in the year of Our Lord, one thousand nine hundred thirty-five, with force and arms at and in the County of Hillsborough aforesaid, did unlawfully agree, conspire combine and confederate among themselves, to without lawful authority, forcibly and secretly confine and imprison Eugene F. Poulnot, with intent to cause him to be confined and imprisoned in the County of Hillsborough, State of Florida, against his will, against the form of the Statute in such case made and provided, to the evil example of all others in the like case offending, and against the peace and dignity of the State of Florida.'
The second count charged that the defendants, 'on the 30th day of November, in the year of Our Lord, one thousand nine hundred and thirty-five, with force and arms at and in the County of Hillsborough aforesaid, without lawful authority, did forcibly and secretly confine and imprison Eugene F. Pulnot, with intent to cause him to be confined and imprisoned in the County of Hillsborough, State of Florida, against his will, and R. G. Tittsworth, whose Christian name is to the Solicitor unknown, late of the County of Hillsborough aforesaid, in the State aforesaid, not standing in relation of husband or wife, parent or grand-parent, child or grand-child, brother or sister by consanguinity or affinity to the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle, or either of them, did then and there on the 30th day of November, in the year of our Lord one thousand nine hundred thirty-five, with force and arms at and in the County of Hillsborough aforesaid, unlawfully and feloniously and with intent that the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle, should avoid and escape detection, arrest, trial and punishment, then and there well knowing that the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle had committed the aforesaid felony, did then and there maintain, assist and otherwise aid the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle, against the form and Statute in such case made and provided, to the evil example of all others in the like case offending, and against the peace and dignity of the State of Florida.'
The third count charged that the defendants, 'on the 30th day of November in the year of our Lord one thousand nine hundred and thirty-five, with force and arms at and in the County of Hillsborough aforesaid, did unlawfully agree, conspire, combine and confederate among themselves to, without lawful authority, confine, inveigle and kidnap Eugene F. Poulnot with intent to cause him to be secretly confined and imprisoned in the County of Hillsborough, State of Florida, against his will, against the form of the Statute in such case made and provided, to the evil example of all others in the like case offending, and against the peace and dignity of the State of Florida.'
And the fourth count charged that the defendants, 'on the 30th day of November in the year of Our Lord, one thousand nine hundred and thirty-five, with force and arms at and in the County of Hillsborough aforesaid, without lawful authority, did confine, inveigle and kidnap Eugene F. Poulnot with intent to cause him to be secretly confined and imprisoned in the County of Hillsborough, State of Florida, against his will, and R. C. Tittsworth, whose Christian name is to the Solicitor unknown, late of the County of Hillsborough aforesaid, in the State aforesaid, not standing in relation of husband or wife, parent or grand-parent, child or grandchild, brother or sister by consanguinity or affinity to the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle, or either of them, did then and there on the 30th day of November, in the year of our Lord, one thousand nine hundred thirty-five with force and arms at and in the County of Hillsborough aforesaid, unlawfully and feloniously and with intent that the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle should avoid and escape detection, arrest, trial and punishment, then and there well knowing that the said C. A. Brown, Jr., Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle had committed the aforesaid felony, did then and there maintain, assist and otherwise aid the said C. A. Brown, Jr. Sam E. Crosby, John P. Bridges, Robert Chappell, F. W. Switzer, Arlie Gilliam, Edward Spivey, James Dean and C. W. Carlisle, against the form of the Statute in such case made and provided, to the evil example of all others in the like case offending, and against the peace and dignity of the State of Florida.'
Motions to quash each count of the information were presented and overruled and the defendants went to trial on the plea of not guilty to each count of the information. At the close of the State's testimony motion was made for a directed verdict in favor of the defendants upon the ground that the State had failed to produce sufficient evidence to warrant conviction under either count and also to withdraw each of the counts of the imformation from consideration of the jury upon the ground that each count failed to charge...
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