State v. Sumner

• Decision Date: 30 April 1946
• Citation: State v. Sumner, 157 Fla. 371, 26 So.2d 336 (Fla. 1946)
• Parties: STATE v. SUMNER.
• Court: Florida Supreme Court

26 So.2d 336

157 Fla. 371

STATE v. SUMNER.

Florida Supreme Court

April 30, 1946

As Modified May 16, 1946.

Appeal from Circuit Court, DeSoto County; W. T. Harrison judge.

J. Tom Watson, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., and Clyde H. Wilson, State Atty., of Sarasota, for appellant.

H. G Jones, of Arcadia, for appellee.

ADAMS, Justice.

The state has appealed from an order quashing an information with charges that:

'* * * William Henry Sumner late of the County and State aforesaid, on the 6th day of May in the year of Our Lord One Thousand Nine Hundred and Forty-five, in the county and state aforesaid did handle and fondle Betty Jane Johnson a female child under the age of fourteen years in a lewd, lascivious and indecent manner.Contrary to the statute in such case made and provided and against the peace and dignity of the State of Florida. * * *'

The order quashing the information reads:

'Defendant's motion to quash the information herein this day coming on for final hearing, the Court finds that instant statute, to-wit Section 800.04, F.S.A. covers a field not covered by our statute against assault with intent to commit rape as appears by the clear language of the Statute and that the absence of intent to commit rape prescribed by section 800.04 F.S.A. is a distinguishing element that defines the new field of coverage from our pre-existing statute against assault with...