State v. Davidson

CourtUnited States State Supreme Court of Florida
Writing for the CourtDAVIS, J.
Citation103 Fla. 954,139 So. 177
PartiesSTATE ex rel. CHERRY v. DAVIDSON, Sheriff.
Decision Date22 December 1931

139 So. 177

103 Fla. 954

STATE ex rel. CHERRY
v.
DAVIDSON, Sheriff.

Florida Supreme Court

December 22, 1931


En Banc.

Original habeas corpus proceeding by the State of Florida on the relation of Willie Cherry against J. P. Davidson, as Sheriff of Manatee County.

Petitioner discharged from custody.

COUNSEL [103 Fla. 955] J. O. Brown, Jr., of Palmetto, for petitioner.

Dewey A. Dye, State Atty., of Bradenton, for respondent.

OPINION

DAVIS, J.

By writ of habeas corpus, the petitioner, Willie Cherry, seeks release from custody under an indictment found by the grand jury of Manatee county, Fla., charging him with being a common and notorious thief under section 7233, Comp. Gen. Laws, section 5132, Rev. Gen. St. His contention is that a person who has been twice convicted of petit larceny in a county court, and who has completed service of the term imposed upon him as the result of such convictions, may not, under section 7233, Comp. Gen. Laws, supra, be proceeded against by indictment as a common and notorious thief in the circuit court of the county wherein both convictions were had, where the sole basis of the indictment is the two previous convictions of petit larceny, unrelated to the commission of another larceny upon which no previous conviction has been had.

Section 7233, Comp. Gen. Laws, supra, upon which the indictment in this case was based, reads as follows:

Second Conviction of Larceny.--Whoever having been convicted either of the crime of larceny or of being accessory to the crime of larceny, afterwards commits the crime of larceny, or is accessory thereto before the fact, and is convicted thereof, and whoever is convicted at the same term of the court, either as a principal or accessory before the fact, of two distinct larcenies, shall be deemed a common and notorious thief, and shall be punished by imprisonment in the State prison not exceeding twenty years, or in the county jail not exceeding one year.'

Our research into the history of the statute shows that it was originally enacted as section 22 of subschapter 4, chapter 1637, Acts of 1868, which was an act to provide for the punishment [103 Fla. 956] of crime, and proceedings in criminal cases. As originally enacted, the statute read as follows:

'Whoever having been convicted upon indictment, either of (the) crime of larceny or of being accessory to the crime of larceny, afterwards commits the crime of larceny, or is accessory thereto before the fact, (and is convicted thereof upon indictment, and whoever is convicted at the same term of the court, either as principal or accessory before the fact,) of two distinct larcenies, shall be deemed a common and notorious thief, and be punished by imprisonment
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8 practice notes
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...must be strictly construed according to their letter. E.g., State v. Jackson, 526 So.2d 58 (Fla.1988); State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177 (1931); Ex parte Bailey, 39 Fla. 734, 23 So. 552 (1897). This principle ultimately rests on the due process requirement that cri......
  • Watson v. Stone
    • United States
    • United States State Supreme Court of Florida
    • November 21, 1941
    ...if there is any doubt as to its meaning, the Court should resolve the doubt in favor of the citizen. See State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177. Any doubt or ambiguity in the provisions of criminal statutes are [4 So.2d 701] to be construed in favor of the [148 Fla. 519......
  • State Ex Rel. Bd. of Com'rs of Indian River Mosquito Control Dist. v. Board of Com'rs of Indian River County
    • United States
    • United States State Supreme Court of Florida
    • December 22, 1931
    ...to relief by reason of his showing of an interest in obtaining it, the administrative officials charged with the execution of the law [103 Fla. 954] as written by the Legislature have no alternative but to regard it as a valid act, so long as it stands unimpaired by judicial pronouncement, ......
  • State Ex Rel. Williams v. Coleman
    • United States
    • United States State Supreme Court of Florida
    • April 4, 1938
    ...Ex parte Kilgore, 106 Fla. 723, 143 So. 610; Maxcy, Inc. v. Mayo, 103 Fla. 552, 139 So. 121. See, also, State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177. It is essential that the indictment here should charge a crime against the laws of Florida. It is true that a conspiracy to co......
  • Request a trial to view additional results
8 cases
  • Lamont v. State, Nos. 89-2917
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1992
    ...must be strictly construed according to their letter. E.g., State v. Jackson, 526 So.2d 58 (Fla.1988); State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177 (1931); Ex parte Bailey, 39 Fla. 734, 23 So. 552 (1897). This principle ultimately rests on the due process requirement that cri......
  • Watson v. Stone
    • United States
    • United States State Supreme Court of Florida
    • November 21, 1941
    ...if there is any doubt as to its meaning, the Court should resolve the doubt in favor of the citizen. See State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177. Any doubt or ambiguity in the provisions of criminal statutes are [4 So.2d 701] to be construed in favor of the [148 Fla. 519......
  • State Ex Rel. Bd. of Com'rs of Indian River Mosquito Control Dist. v. Board of Com'rs of Indian River County
    • United States
    • United States State Supreme Court of Florida
    • December 22, 1931
    ...to relief by reason of his showing of an interest in obtaining it, the administrative officials charged with the execution of the law [103 Fla. 954] as written by the Legislature have no alternative but to regard it as a valid act, so long as it stands unimpaired by judicial pronouncement, ......
  • State Ex Rel. Williams v. Coleman
    • United States
    • United States State Supreme Court of Florida
    • April 4, 1938
    ...Ex parte Kilgore, 106 Fla. 723, 143 So. 610; Maxcy, Inc. v. Mayo, 103 Fla. 552, 139 So. 121. See, also, State ex rel. Cherry v. Davidson, 103 Fla. 954, 139 So. 177. It is essential that the indictment here should charge a crime against the laws of Florida. It is true that a conspiracy to co......
  • Request a trial to view additional results

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