State ex rel. Recio v. Simpson

• Decision Date: 18 December 1942
• Citation: 152 Fla. 104,10 So.2d 909
• Parties: STATE ex rel. RECIO et al. v. SIMPSON, Chief of Police of City of Miami Beach.
• Court: Florida Supreme Court

10 So.2d 909

152 Fla. 104

STATE ex rel. RECIO et al. v. SIMPSON, Chief of Police of City of Miami Beach.

Florida Supreme Court

December 18, 1942

Appeal from Circuit Court, Dade County; George E. Holt, judge.

William J. Pruitt, of Miami, for appellants.

Ben Shepard, of Miami, for appellee.

BUFORD, Justice.

Appeal brings for review judgment of remand in habeas corpus proceedings.

The burden is on the appellants to make it clearly appear that the trial Judge committed error, which burden they failed to carry. See White v. White, 108 Fla. 380, 149 So. 375.

The penal clause of the ordinance under which appellants were alleged to have been convicted does not appear in the record. Subsection (h) of Section 28, Chapter 7672, Special Laws of Florida, 1917, as amended by Chapter 16567, Special Acts of 1933, and Chapter 17596, Special Acts of 1935, confer on the respondent municipality power to impose both fine and imprisonment for violation of municipal ordinances. The imprisonment imposed is within the limit of the periods fixed by statute, supra.

For the reasons stated, we cannot determine affirmatively that reversible error was committed. Ferlita v. Jones, 50 Fla. 218, 39 So. 593.

Judgment is affirmed.

So ordered.

BROWN, C. J., and WHITFIELD and ADAMS, JJ., concur.