Rosin v. Anderson
| Citation | 21 So.2d 143,155 Fla. 673 |
| Parties | ROSIN v. ANDERSON, Sheriff. |
| Decision Date | 06 March 1945 |
| Court | United States State Supreme Court of Florida |
Alven B. Rowe, of Bradenton, and J. Lewis Hall, of Tallahassee, for petitioner.
J. Tom Watson, Atty. Gen., John C. Wynn, Asst. Atty. Gen., and Clyde H. Wilson, State Atty., of Sarasota, for respondent.
Writ of habeas corpus was issued by this Court on February 19, 1945 returnable instanter.
The petition and return show that relator is held under a capias issued pursuant to an information filed in the Circuit Court of the Twelfth Judicial Circuit of Florida in and for DeSoto County in the following language:
'In the Name and by the Authority of the State of Florida:
'Clyde H Wilson, State Attorney of the Twelfth Judicial Circuit prosecuting for the State of Florida in the County of DeSoto under oath information makes that M. A. Rosin, late of the County of DeSoto and State of Florida, on the 4th day of May in the year of our Lord one thousand nine hundred and forth four in the County and State aforesaid did unlawfully solicit and request money to be used in Arcadia, Nocatee, and other places in DeSoto county, Florida, prior to that certain primary election held in said county on the 23rd day of May 1944, for Ed Albritton, the said Ed Albritton being then and there a candidate for office in the aforesaid primary election, contrary to the statute in such case made and provided and against the peace and dignity of the State of Florida.
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Weatherspoon v. State
...the essential elements, and sufficiently advise the accused of the specific crime with which he is charged. See Rosin v. Anderson , 155 Fla. 673, 21 So.2d 143, 144 (Fla. 1945). Generally the test for granting relief based on a defect in the information is actual prejudice to the fairness of......
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State v. Bruno
...inform him of what he was charged. He says that the accusatory statement should have been specific. This Court, in Rosin v. Anderson, 1945, 155 Fla. 673, 21 So.2d 143, stated that when a definition of an offense includes a generic term it is not sufficient that the indictment should charge ......
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Horner v. State
...17 Fla.Jur., Indictments and Informations, §§ 53-60.3 See State v. Hazellief, et al., Fla.App.1962, 148 So.2d 28, and Rosin v. Anderson, 155 Fla. 673, 21 So.2d 143. ...
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Price v. State
...of the essential elements, and sufficiently advise the accused of the specific crime with which he is charged. See Rosin v. Anderson, 155 Fla. 673, 21 So.2d 143, 144 (1945). Generally the test for granting relief based on a defect in the information is actual prejudice to the fairness of th......