Vannoy v. State
| Decision Date | 04 January 1928 |
| Parties | VANNOY v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Dade County; Tom Norfleet, Judge.
William A. Vannoy was convicted of an offense, and he brings error.
Reversed.
Syllabus by the Court
Information for exhibiting, displaying, or distributing obscene matter should describe or set it out in haec verba; failure of information for exhibiting, displaying, or distributing obscene matter, without excuse, to describe or set it out in haec verba forms basis for motion in arrest (Rev. Gen. St. 1920, § 5438).
An information under section 5438, Rev. Gen. Stats., which charges the accused with exhibiting, displaying, or distributing printed paper containing obscene prints, figures, and pictures, should either set out the same in haec verba or give such description thereof as decency permits; and where such information, without any excuse therefor, fails to do either, such defect forms a sufficient basis for motion in arrest of judgment.
Pine, Cheetham & Kehoe, of Miami, for plaintiff in error.
Fred H. Davis, Atty. Gen., and H. E. Carter, Asst. Atty. Gen., for the State.
The information in this case attempted to charge an offense under section 5438, Rev. Gen. Stats. It does not set out the 'printed paper containing obscene prints, figures, and pictures' by any certain description, or give any excuse for failure to do so. This case must be reversed upon the authority of the case of Reyes v. State, 34 Fla. 181, 15 So. 875, cited with approval in the last paragraph of the opinion in the case of Smith v. Chase, 91 Fla. 1044, 109 So. 94. The indictment in this case is practically identical in its language with the indictment held bad, on motion in arrest of judgment, in the case of Reyes v. State, above cited.
Reversed.
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Spears v. State
...announced by the following authorities: Dunlop v. United States, 165 U.S. 486, 17 S.Ct. 375, 41 L.Ed. 799 (1897); Vannoy v. State of Florida, 94 Fla. 1175, 115 So. 510 (1928); People v. Friedrich, 385 Ill. 175, 52 N.E.2d 120 (1944); McNair v. People, 89 Ill. 441 (1878); Kinnaird v. Commonwe......
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Simpson v. State
...Declaration of Rights of Constitution; Reyes v. State, 34 Fla. 181, 15 So. 875; Smith v. Chase, 91 Fla. 1044, 109 So. 94; Vannoy v. State, 94 Fla. 1175, 115 So. 510; Smith v. McClelland, 99 Fla. 362, 126 So. The above authorities hold to the doctrine that unless the information or indictmen......
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State v. Barnes, 441
...publishing, and distributing. The authorities are practically unanimous that such an indictment is insufficient.' In Vannoy v. State, 94 Fla. 1175, 115 So. 510, the indictment did not set out the 'printed paper containing obscene prints, figures, and pictures' by any certain description, or......
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Kittleson v. State
...to this information it must be held void because it charges no offense. See Reyes v. State, 34 Fla. 181, 15 So. 875; Vannoy v. State, 94 Fla. 1175, 115 So. 510. See, also, Dameron v. State, 8 Mo. 494; States v. Carll, 105 U.S. 611, 26 L.Ed. 1135 and Neumann v. State, 116 Fla. 98, 156 So. 23......