Montgomery v. State
| Decision Date | 11 September 1930 |
| Citation | 100 Fla. 782,130 So. 34 |
| Parties | MONTGOMERY et al. v. STATE. |
| Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Lee County; George W. Whitehurst, Judge.
John Montgomery and another were convicted for the larceny of one heifer, and they bring error.
Affirmed.
COUNSEL C. P. Covington, of Arcadia, for plaintiff in error.
Fred H. Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
Plaintiffs in error were jointly indicted, tried, and convicted for the larceny of one heifer in Lee county, Fla., in November, 1929. They were each sentenced to serve two years in the state penitentiary and took writ of error to the judgment.
It is contended here that the motion to quash the indictment should have been granted, and that the final judgment was illegally entered.
The indictment was cast pursuant to section 5133, Revised General Statutes of Florida 1920 (section 7234, Compiled General Laws of 1927), and it is sufficient for the requirement of that statute. Mobley v. State, 57 Fla. 22, 49 So. 941, 17 Ann. Cas. 735. It was not necessary to charge the value of nor the description of the animal stolen by color or flesh marks. It was sufficient to charge the genus or general species to which it belonged. Mathis v. State, 70 Fla. 194, 69 So. 697; Mizell v. State, 38 Fla. 20, 20 So. 769.
We have examined the assignment predicated on the illegal entry of the judgment, and the record proper discloses that it was regularly and legally entered. No bill of exceptions is brought up for review.
The judgment below is therefore affirmed.
Affirmed.
To continue reading
Request your trial