Williams v. State, 484
| Decision Date | 23 January 1959 |
| Docket Number | No. 484,484 |
| Parties | Ted WILLIAMS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Sam E. Murrell & Sons, Orlando, for appellant.
Richard W. Ervin, Atty. Gen., Edward S. Jaffry, Asst. Atty. Gen., for appellee.
Appellant was charged, in the Court below, with aiding and assisting, promoting and conducting a lottery for money, commonly known as Cuba. The jury found him to be guilty as charged, and he was then adjudged to be guilty and sentenced to serve two years in the State Prison. Appellant brings this appeal and urges six points as grounds for reversal.
Appellant's first point raises the question of admissibility in evidence of telephone conversations between appellant and various persons. The facts converning this point, briefly stated, are these: A room was rented from appellant next to his juke joint. The rental was made on behalf of the Sheriff, but appellant was told that some colored people were to be put in. Appellant had no knowedge that law enforcement officers were in any way conneced with the rental. Appellant's telephone in his guilding was on a party line, which was the only line maintained by the telephone company in that area. A telephone was installed in the rented premises by the telephone company, which was, by necessity, on the same party line as that of appellant. The evidence shows that the appellant was aware of this installation. Through the use of this party line telephone, a deputy sherff overheard and recorded the conversations, which appellant contends were erroneously admitted in evidence.
In his initial brief, appellant takes the position that the conversations in question were inadmissible, by reason of the provisions of Sec. 605 of the Federal Communications Act, 47 U.S.C.A. § 605, and of Sec. 822.10, Florida Statutes, F.S.A. It appears that the Supreme Court of the United States has held that the Federal Act in question does not apply to proceedings in State Courts. See Schwartz v. State of Texas, 344 U.S. 199, 73 S.St. 232, 97 L.Ed. 231. Since this is conceded by appellant in his reply brief, we have for consideration only the provisions of Sec. 822.10, Florida Statutes, F.S.A. This section, in its entirety reads as follows:
'Whoever, without the consent of the owner thereof, destroys, damages, or in any way injures any telegraph or telephone poles, cables, wires, fixtures, or other apparatus, equipment, or appliances; or obstructs, impedes, or impairs the service of any telegraph or telephone line or lines, or the transmission of messages thereover; or attaches any unauthorized device or equipment to any telegraph or telephone line or instrument; or taps or connects, directly or indirectly, by wire or any other means whatsoever, to or with any telegraph or telephone line so as to hear, or be in position to hear, or to enable any other person to hear or be in position to hear, for any use or purpose whatsoever, any message going over said line, or for the purpose of receiving, or enabling any other person to receive any unauthorized service over said line, or uses, or attempts to use, in any manner or for any purpose, or communicates in any way, any information so obtained; or aids, agrees with, employs, or conspires with, any person to do or cause to be done any acts hereinbefore mentioned; shall be punished by fine not exceeding five hundred dollars or by imprisonment not exceeding six months.'
Sec. 822.10 prohibits a number of acts, if they are done, 'without the consent of the owner thereof' (referring to the owner of telegraph or telephone poles, cables, wires,...
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